Common  School  Laws 

i     of 

/    Kentucky 


1922 


Compiled  by 

Department   of  Education 


GEORGE  COLVIN 

Superintendent  of  Public  Instruction 


GIFT   OF 


COMMON  SCHOOL  LAWS 


KENTUCKY 


1922 


Compiled  by 

•     State  Department  of  Education 
with  the  assistance  of  William  T.  Fowler,  Esq., 
of  the  Frankfort  Bar. 


GEORGE  COLVIN 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


PREFACE 

It  is  with  some  degree  of  pride  that  w^e  issue  an  entirely 
new  compilation  of  the  school  laws  now  in  force  in  this  Com- 
monwealth. It  has  been  no  little  task  to  arrange  in  logical, 
order  the  various  acts  of  the  Legislature  relating  to  our  pub- 
lic schools.  The  demands  of  the  various  communities  have 
influenced  legislation  suited  to  their  respective  needs,  so  that 
our  entire  system  is  largely  a  series  of  special  acts  which, 
when  thrown  together,  form  a  sort  of  ''crazy  quilt"  or  patch- 
work. 

Thus  we  have  a  separate  and  distinct  type  of  school  for 
each  class  of  our  municipalities,  five  distinct  types  or  systems 
for  the  favored  rural  communities,  and  another  type  for  the 
less  favored  rural  community,  and  still  another  for  the  smjall 
towns  and  villages.  "When  looking  up  a  question  of  law  re- 
lating to  a  particular  school,  it  is  well  to  keep  in  mind  the  kind 
of  school  you  are  dealing  with,  because  there  is  little  uniformity 
in  the  various  types  or  classes. 

By  the  Acts  of  1920,  making  the  county  the  unit  outside 
municipal  and  graded  school  districts,  creating  a  county 
board  with  jurisdiction  co-extensive  with  the  county  district, 
the  legislature  took  a  step  forward  in  school  legislation,  look- 
ing ultimately  to  the  merger  of  all  the  schools  in  the  county 
supported  by  general  taxation  into  one  comprehensive  system 
under  the  jurisdiction  of  one  central  board  having  its  office  at 
the  county  seat. 

We  now  have  in  Kentucky  thirty-six  distinct  types  of 
schools  which  are  supported  in  whole  or  in  part  by  state  taxa- 
tion, and  they  are  under  the  control  and  supervision  of  six- 
teen separate  and  distinct  boards,  thus  making,  our  system 
so  complex  and  altogether  technical  that  the  State  Depart- 
ment of  Education  finds  itself  overwhelmed  with  detail  in  ad- 
ministering the  law.  We  have  attempted  a  new  classification 
in  this  compilation  in  which  the  laws  relating  to  the  common 
schools  of  the  county,  (Common  schools,  High  Schools,  Con- 
solidated Schools),  in  fact  all  the  schools  under  the  jurisdic- 

5026L8 

lr 


iv  PREFACE 

tion  of  the  County  Board  of  Education,  are  under  one  chapter, 
while  Graded  Schools  and  Municipal  Schools  are  under  sepa- 
rate appropriate  headings. 

All  laws  heretofore  repealed  have  been  omitted,  but  in  a 
number  of  instances  where  a  statute  has  been  repealed  only 
in  part,  the  entire  section  is  given  with  a  notation  that  a  part 
of  same  has  been  repealed.  The  section  numbers  in  Kentucky 
Statutes  are  given  at  the  beginning  of  each  section  in  paren- 
theses to  aid  the  reader  in  turning  to  the  statute  with  ease 
in  investigating  any  question.  The  decisions  of  the  Court 
of  Appeals  interpreting  or  construing  the  school  law,  where 
same  are  of  interest,  are  included,  and  have  been  brought 
down  to  date. 

The  manuscript  of  this  edition  has  been  in  the  hands  of 
the  Printing  Commission  and  of  the  State  Printer  since  July, 
1922. 

We  acknowledge  the  assistance  of  William  T.  Fowler, 
Esq.,  of  the  Frankfort  bar,  and  former  assistant  to  the  Attor- 
ney General,  in  the  arrangement  and  classification  of  the  sub- 
jects and  the  selection  and  classification  of  the  decisions  of 
the  Court  of  Appeals  and  opinions  of  the  Attorney  General 
cited  in  support  of  the  text. 

GEORGE  COLVIN, 
Superintendent  Public  Instruction. 
Frahkfort,  Ky.,  Nov.  1st,  1922. 


CONTENTS 

CHAPTER  I. 

Constitutional  Provisions.                                  Page 
'System  provided — -State  -bond  ens  part  of  fund — initerest  to  be  paid 
— distribution — separate  schools — federal  funds — sectarian  pur- 
poses—^compulsion   forbidden—taxing   powers    limited— power 
to  contract  debts  1 

CHAPTER  II. 
General    Provisions. 

System  uniform — common  school  denned — school  year — teacher,  re- 
quirements— pupils,  expulsion — 'books  prohibited1 — diplomas — 
school  house  for  public  uses — agriculture  to  be  taught — tem- 
perance day — thrift  and  industry — physical  training — humane 
treatment  of  animals — music — school  fund — school  term — 
health  officers'  duty — water  to  be  analyzed — separate  college — 
trustees  of  seminaries — penalty  to  injure  school  property — 
penalty  to  use  cigarettes  on  school  grounds  7 

CHAPTER  III. 
State  Board  of  Education. 

Board's  duties  and  powers — high  school  certificates— course  of 
study  for  common  schools — validation  of  teacher's  certificates 
—records  to  be  kept — teacher's  salary  schedule — summer  Train- 
ing schools — minimum  salary  of  teachers  22 

;  CHAPTER  IV. 

Superintendent  of  Public  Instruction. 

Qualifications  and  bond — powers  and  duties — duty  to  visit  schools 
— State  Board  of  Examiners — reports  to  General  Assembly — 
annual  reports  to  be  filed  with — school  laws  to  be  issue  bi- 
ennially— to  digest  decisions — gifts  or  bequests  to  schools — 
duty  to  turn  over  records — inspector  and  examiner — duties 
and  salary  31 

CHAPTER  V. 

State  Board  of  Examiners  and  Teachers 

Appointment  and  qualifications — teacher's  elementary  certificates 
— 'State  diploma — iState  certificate — elementary  certificate,  first 
grade — examination  questions — elementary  certificate,  second 
grade— certification  of  teachers — normal  and  high  school  train- 
ing— diploma  for  completing  common  school  course — science 
and  act  of  teaching — penalty,  examination  questions — effec- 
tive date  of  law 39 

CHAPTER  VI. 
County  Board  of  Education. 

Districts  to  be  formed — election  and  qualification  of  members — 
compensation — consolidated  school  districts — educational  pol- 
icies— control  over  schools  and  property — power  to  appoint 
principals  and  teachers — budget— audit  of  books — county  sup- 
erintendent— county  attendance  officer — 'poll  tax — .power  to 
acquire  school  sites — erect  school  buildings — size  and  value 
of  school  buildings — supervisors  of  rural  schools  ..  .  50 


vi  CONTENTS 

CHAPTER  VII. 

County  Superintendent.  Page 
Census— records  kept— text  books  for  indigent  children— reports  to 
Stale  Superintendent — teachers'  salaries,  due  when — penalty 
tfor  false  report — annual  settlement — penalty  lor  failure  to 
make  annual  report— property  devised  to  county  schools — 
boundary  of  districts — collection  of  railroad  and  bridge  taxes 
— to  turn  over  books  to  successor — county  board  of  examiners 
— teachers'  examinations — penalty  for  bartering  examination 
questions— clerk  to  supply  copy  of  order-^county  library— li- 
Ibrary  committee — district  library— 'trustees  to  control  70 

CHAPTER  VIII. 
School  Districts — High  Schools — Consolidated  Schools  and  Common 

School   Districts. 

County  to  compose  one  district — record  of  boundaries — city,  town 
or  village,  when  deemed  a  district — consolidated  district — 
transportation  tax — bond  issue  to  provide  buildings — petition 
to  change  boundary — high  schools — board  may  contract  with 
established  city  high  school — pupils  may  attend  school  most 
convenient 87 

CHAPTER  IX. 
Subdistrict  Trustees. 

Election  and  duties — census  biennially — duty  to  visit  parents  and 
urge  attendance — power  to  suspend  pupil — epidemics — reports 
to  county  superintendent — penalty  for  neglect  of  duty 100 

CHAPTER  X. 

Compulsory  Attendance. 

Attendance  officers — duties  of  parents  and  guardians — children  ex- 
empt— applies  to  municipal  schools — duty  of  teachers  to  re- 
port— court's  jurisdiction — parents  of  deaf  children,  duty, 
transportation  108 

CHAPTER  XI. 
Graded  Common  Schools. 

Trustees,  number,  elect/ion,  term — vacancies — removals—body  cor- 
porate— powers  denned — officers  and  duties — number  of  pupils 
required— power  of  State  Board  to  'abolish — duty  of  board  to 
call  elections — charter  schools  heretofore  organized  except  in 
cities  of  first,  second,  third  and  fourth  classes  abolished — 
powers  of  'board — to  appoint  and  remove  teachers — fix  com- 
pensation— regulate  course  of  study — may  make  contract  with 
county  board  to  establish  consolidated  schools — transportation 
tax— power  to  levy  and  collect  tax — tax  rate  fixed— how  col- 
lected— bond  issue  to  provide  buildings,  etc. — general  pro- 
visions relating  to  graded  schools 114 

CHAPTER  XII. 
Municipal  Schools — Cities  of  First  Class. 

City  shall  compose  one  district — powers  and  duties  of  board — elec- 
tion— term  —  qualifications  —  compensation  —  organization  of 
iboard,  officers,  vacancies,  adoption  of  by-laws — selection  of 
superintendents,  teachers  and  other  employes — duties  and 


CONTENTS  vii 

Page 

compensation  of  business  director — 'purchase  of  supplies — 
sealed  bids — notice  to  be  given— secretary  and  treasurer — 
election — term — bond — depositaries  to  'be  selected — power  to 
apportion  revenue  and  to  borrow  money — tax  levy — supple- 
mented by  State  fund  and  escheated  property— duty  of  officer 
to  collect  taxes--annual  audit  of  books — power  to  establish 
kindergarten—separate  schools  'for  white  and  colored — tui- 
tion— census — reports — power  to  issue  "iSchool  Improvement" 
bonds — election,  when  called  and  held — teachers'  annuity  fund 
• — duty  of  board  concerning — general  provisions  relating  to 
powers  and  duties  of  board — power  of  board  to  make  rules  and 
by-laws  127 

CHAPTER  XII— Continued. 
Cities  of  Second  Class. 

Election  and  qualification  of  board  members — 'powers  and  duties 
of  board — power  to  condemn  land — qualification  of  members — 
oath  of  office — no  compensation — election  toy  secret  ballot — 
how  nominated— duty  of  clerk  in  printing  ballot — time  of  elec- 
tion— vacancies — rules  and  by-laws — superintendent,  princi- 
pals, teachers  and  other  employes — business  director,  duty, 
salary  and  bond — contracts  for  buildings  and  additions — sup- 
plies, how  purchased — selection  of  secretary  and  treasurer — 
(business  director  may  act  as  secretary  or  other  appointment 
may  'be  made — apportionment  of  revenue — power  to  borrow 
money — tax  rate — power  to  levy — annual  budget — city  to  col- 
lect and  pay  over  taxes  to  treasurer — power  to  issue  bonds — 
school  fund — annual  audit — general  provisions — reports — 
teachers'  annuity  fund  established — (board  created — duties — 
medical  examiners — appointment— powers  and  duties  ....» 155 

CHAPTER  XII— Continued. 
Cities  of  Third  Class. 

Board  to  consist  of  nine  members — election — qualification — term — 
organization — powers  and  duties — appointment  of  superintend- 
ents, principals,  teachers  and  other  employees — power  to  sell 
school  property,  condemnation  of  land  for  school  purposes — 
adoption  o£  text  books — annual  statement — tax  levy — annual 
budget — power  to  issue  bonds — elections — power  to  borrow 
money — general  provisions — reports  to  State  (Superintendent 
— census  185 

CHAPTER  XII— Continued. 
Cities  of  Fourth  Class. 

•City  constitutes  one  district — board  a  'body  corporate — powers  and 
duties  of  board  defined — jpower  to  purchase  and  condemn 
school  site — qualifications  of  board  members — oath  of  office — 
no  compensation  allowed — exemption  from  jury  duty — election 
— organization — appointment  of  superintendent,  principals, 
teachers  and  other  employes — power  to  borrow  money  to  antic- 
ipate revenues — to  construct  buildings — (purchase  supplies — 
separate  schools  to  be  maintained — tax  levy — budget  system 
provided — .collection  of  tax — duty  of  officers — separate  white 
and  colored  schools — budget"  requirements — power  to  issue 
bonds — school  fund — escheated  property — reports — penalty  for 
failing  to  report  - 199 


viii  CONTENTS 

CHAPTER  XIII. 

State  Normal  Schools.  Page 

Two  normal  school  districts  provided  for — object  of  school— board 
of  regents  created — term  of  office — powers  and  duities — organ- 
ization—power to  appoint  and  remove  president,  professors 
and  teachers — president  to  report  to  regents— duty  of  treas- 
urer and  secretary — funds,  how  applied — pupils  each  county 
may  send — model  practice  school — commission  to  locate  first 
normals — additional  appropriations — regents  may  purchase  and 
sell  real  estate — examination  of  students  'for  teaching — limita- 
tion and  power  to  contract — miscellaneous  appropriations — 
commission  to  locate  sites  of  two  new  normal  (schools — duties..  220 

CHAPTER  XIII— Continued. 

Kentucky  Normal  and   Industrial  Institute  for  Colored  Persons. 
Board,  powers,  duties,  expenses,  name  and  title — agriculture  and 
mechanical  arts — funds — tuition — reports — appropriations,  how 
paid — certification  oif  teachers — board  empowered  to  issue  cer- 
tificates and  diplomas  236 

CHAPTER  XIII— Continued. 
Quasi  Normal  Schools. 

When  -State  Board  of  Education  shall  so  designate  university,  col- 
lege or  normal  school — power  of  such  institutions  to  certificate 
teachers — board  of  regents  for  normal  school  inspection  cre- 
ated— standards  required — institutions  receiving  State  aid  are 
not  subject  to  provisions  of  the  act — expenses  of  inspection, 
how  borne  241 

CHAPTER  XIV. 
The  State  University,  Lexington,  Ky. 

State  University  established — name  changed — acts  relating  to  A. 
&  M.  College  continued  in  force — department  of  law — medical 
and  surgical  department — students  county  may  send — rules 
governing  appointment — declared  void — free  tuition  for  stu- 
dents preparing  for  the  ministry — bi-partisan  board — how  se- 
lected— members  ex-officio — location — examination  of  'students 
for  teachers — papers  sent  to  State  board — appropriations — De- 
partment of  Education  established — certificates  to  students — 
agricultural  extension — annual  appropriation  for — 'board  of 
trustees,  qualifications — appointive  members — alumni  nomi- 
nation— vacancies — executive  committee — selection  —  powers 
other  committees — powers  and  duties  of  trustees — ito  select 
president,  professors,  teachers  and  other  employes — treasurer. 
— bond — accounts  and  statements — actions  against — govern- 
ment of  college — trustees  to  establish  rules  for— report  to 
General  [Assembly  by  trustees — appropriation  for  dormitory 
for  young  women— trustees  to  appoint  board  to  govern — min- 
ing engineering  course— inspector  of  Mines,  etc. — Agricultural 
Experiment  Station-Happropriation— disposition  of  funds- 
fiscal  courts  may  aid— Federal  act— Federal  Smith-Lever  act 
accepted — ex-service  men  entitled  to  scholarships — condi- 
tions and  requirements — University  empowered  to  acquire 
additional  lands— annual  report  to  State  department 244 


CONTENTS  lx 

CHAPTER  XV. 
State  Text  Book  Commission.  Page 

Board — organization — term  of  text  books — bids— proposals — speci- 
men copies  —  contracts — contents  by  books —  adoption  on 
merit — cities  exempt — notification  of  bidders — State  Superin- 
tendent's contract — certified  lists — printed  price — exchange — 
penalties — supplementary  books — filed  copies — uniformity — 
legal  procedures — compensation — publiser's  agreements  for- 
bidden— penalties  for  bribery — misfeasance — bonds — executive 
sessions — county  text  book  commissions — bids — organization — 
adoption — awarding  of  contracts — appointing  of  agents — com- 
mission— printed  lists — supplementary — filed  copies — penal- 
ties— void  contracts — bonds — fees — control  of  prices — city 
commission's  duties  and  powers  identical 270 

CHAPTER  XVI. 
Colored  Schools. 

Donations  and  gifts  may  'be  made  to — funds  shall  be  used  for  pur- 
pose requested — census,  to  make  and  report — summer  training 
schools — penalties  for  failure  of  trustees — teachers  to  perform 
duty — separate  schools  for  white  and  colored — colored  visitor, 
duties  and  election  295 

CHAPTER  XVII. 

Vocational   Education 

Board  'created — app r opr ia tion — s tand ard s — i nsip  ec  tion — ace e ptanc e 
of  Federal  act — definition  of  persons  disabled — State  Board — 
power  to  provide  facilities — eligibility — plan  of  co-operation — 
appropriations — ihow  provided — purpose  of  use — 'State  Treas- 
urer appointed  custodian  of  moneys — gifts  and  devises 298 

CHAPTER  XVIII. 
Building  School  Commission. 

Appointment — qualifications — district — body  corporate  —  bonds — 
employees — plans  to  be  submitted — contracts — county  board — 
'bonds  voted — sold — depositary  to  ibe  selected — determining 
price — expenses  borne  by  commission — disbursements  out  of 
proceeds — levy  by  fiscal  court — title  to  property — valid  claims 
— county  iboard  to  canvass  votes — 'certificate — tax  levy  by1  fiscal 
court — tax  on  entire  district ...  303 


Chapter  I. 

CONSTITUTIONAL    PROVISIONS 

Sec.    1.     System    provided.  Sec.  6.  Federal    funds. 

Sec.    2.     State    Bond    as     part  of              Sec.  7.  Sectarian     purposes. 

fund.  Sec.  8.  Compulsion    forbidden. 

Sec.    3.    Interest    to    be    paid.  Sec.  9.  Taxing   powers    limited. 

Sec.    4.    Distribution.  Sec.  9.  Power  to  contract  debts. 
Sec.    5.    Separate    schools. 

Section  1.  (§  183.)  Common  Schools  to  be  Provided  For. 
—The  General  Assembly  shall,  by  appropriate  legislation,-  pro- 
vide for  an  efficient  system  of  common  schools  throughout  the 
State.  See  Sec.  4363,  Ky.  Stat. 

Section  2.  (§  184.)  Fund  Set  Apart  for  Common  Schools 
—Taxation  for  A.  &  M.  College.— The  bond  of  the  Common- 
wealth, issued  in  favor  of  the  Board  of  Education,  for  the  sum 
of  one  million  three  hundred  and  twenty-seven  thousand  dol- 
lars, shall  constitute  one  bond  of  the  Commonwealth  in  favor 
of  the  Board  of  Education,  and  this  bond  and  the  seventy-three 
thousand  five  hundred  dollars  of  the  stock  in  the  Bank  of  Ken- 
tucky (now  seventy-nine  thousand  eight  hundred),  held  by  the 
Board  of  Education,  and  its  proceeds,  shall  be  held  inviolate 
for  the  purpose  of  sustaining  the  system  of  the  common  schools. 
The  interest  and  dividends  of  said  fund,  together  with  any  sum 
which  may  be  produced  by  taxation  or  otherwise  for  the  pur- 
pose of  common  school  education,  shall  be  appropriated  to  the 
common  schools  and  to  no  other  purpose.  No  sum  shall  be 
raised  or  collected  for  education  other  than  in  common  schools 
until  the  question  of  taxation  is  submitted  to  the  legal  voters 

Sec.  183.  Poll  tax  may  be  levied  for  school  purposes.  Mclntyre  v. 
Powell,  137  Ky.  7S9. 

Escheated  property  for  use  of  schools.  '  Com.  v  Thomas,  140  Ky. 
789. 

What  system  of  common  schools  is  most  efficient  is  a  matter  for 
legislative  decision.  Prowse  v.  Board  of  Education  for  Christian  County, 
134  Ky.  265. 

This  section  leaves  to  legislative  discretion  the  best  method  of  pro- 
viding for  an  efficient  system  of  common  schools.  Elliott  v.  Garner,  140 
Ky.  157. 

The  indebtedness  of  a  board  of  education  of  a  city  of  the  second  class 
is  not  a  portion  of  the  indebtedness  of  the  city  within  Const.,  Sec.  158. 
City  of  Newport,  ex  parte,  141  Ky.  329. 

The  colored  schools  of  a  city  of  the  fourth  class  have  a  right  to  par- 
ticipate in  revenue  arising  from  taxes  on  corporations.  Trustees  of 
Graded  Free  Colored  Common  Schools  of  Mayfield  v.  Trustees  of  Graded 
Free  White  Common  Schools  of  Mayfield,  180  Ky.  574. 

S.  L.— 1 


2  KENTUCKY  SCHOOL  LAWS  1922 

and  the  majority  of  the  votes  cast  at  said  election  shall  be  in 
favor  of  such  taxation:  Provided,  The  tax  now  imposed  for 
educational  purposes,  ar^d  for  the  endowment  and  maintenance 
of  the  Agricultural  and  Mechanical  College,  shall  remain  until 
changed  by  law.  See  Section  4370,  Ky.  Stat. 

Sec.  184.  Agricultural  and  Mechanical  College  of  Kentucky  fur- 
nishes something-  more  than  a  common  school  education,  and,  therefore, 
does  not  constitute  a  part  of  the  common  school  system  of  the  State. 
Higgins  v.  Prater,  91  Kentucky;  and  State  may  apprpriate  money  for. 
A.  &  M.  College  v.  Hagar,  121  Ky.  N.  H78. 

Appropriation  or  Division  of  School  Fund.— Can  not  be  appropriated  to 
payment  of  teachers  not  acting-  under  the  control  or  supervision  of  the 
common  school  officers.  Halbert  v.  Sparks,  9  Bush  259.  Appropriation  to 
graded  schools.  Williamstown  G.  F.  S.  Dist.  v.  Webb,  89  Ky. ;  Riggs 
v.  Stevens,  92  Ky.  393.  Appropriation  of  common  school  fund  to  afford 
better  facilities  for  teaching-  the  higher  branches.  Board  of  Trustees 
v.  Thomas,  12  R.  832,  15  S.  W.  670. 

An  act  authorizing-  a  particular  district  to  vote  a  tax  in  aid  of  the 
common  school  fund  in  order  to  have  a  school  taught  the  entire  year, 
or  the  higher  branches  brought  within  reach  of  all  the  children,  was  held 
to  be  valid.  Newman  v.  Thomson,  9  R,  199,  4  S.  W.  341.  And  to  the  same 
effect  was  Board  of  Trustees  v.  Thomas,  12  R.  832,  15  S.  W.  670. 

Appropriation  for  purchase  of  "Collins'  History  of  Kentucky,"  held 
not  to  be  in  aid  of  common  schools.  Collins  v.  Henderson,  11  Bush  74. 
An  act  which  allows  the  trustees  of  an  academy  within  a  certain  dis- 
trict to  make  contracts  with  parents  of  children  in  such  district,  for  an 
agreed  tuition  for  children  attending  the  academy,  and  which  provides 
for  the  payment  of  the  pro  rata  of  the  common  school  fund  to  the  teachers 
of  the  academy,  and  exempts  such  parents  from  taxation  for  main- 
taining, furnishing  or  building  any  common  school  house  during  the  year 
their  children  attend  the  academy  is  unconstitutional.  Underwood  v. 
Wood,  93  Ky.  177. 

Control  of  School  Fund. — General  Assembly  can  not  abdicate  its  con- 
trol over  the  school  fund  and  abandon  it  to  the  county  courts.  Auditor 
v.  Holland,  14  Bush  147. 

Expenses  of  the  State  Department  of  Education  may  be  paid  out  of 
the  school  fund  as  provided  by  Ky.  Stats.,  Sec.  4471.  Superintendent  of 
Public  Instruction  v.  Auditor,  97  Ky.  180. 

Graded  School.— Legislation  providing  for  the  conversion  of  a  common 
school  district  into  a  graded  school  and  the  payment  to  the  latter  of  the 
school  fund  going  to  the  district,  is  constitutional.  Riggs  v.  Stevens,  92 
Ky.  393;  Williamstown  Dist.  v.  Webb,  89  Ky.  264. 

Normal  Schools.— Appropriation  for.  Marsee  v.  Hagar,  etc.,  125  Ky. 
445;  James  v.  State  University,  131  Ky.  156. 

School  fund  cannot  be  appropriated  to  pay  taxes  for  street  improve- 
ments or  any  other  purpose,  and  school  property  can  not  be  subjected  to 
execution,  levy,  or  lien  for  street  improvements.  City  of  Louisville  v. 
Leatherman,  99  Ky.  213;  nor  can  it  be  diverted  to  build  a  free  library. 
Board  of  Education  v.  Board  of  Trustees,  24  R.  98,  113  Ky.  234. 

School  System  General  and  Uniform.— The  system  of  common  schools 
was  intended  to  be  general  and  uniform.  The  appropriation  by  the  Gen- 
eral Assembly  of  part  of  the  school  fund  to  certain  counties  is  sub- 
versive of  this  general  system.  Auditor  v.  Holland,  14  Bush  147. 

Taxation  in  Aid  of  Other  Than  Common  Schools.— The  legislature 
may  impose  a  tax  in  aid  of  an  educational  institution,  although  it  does 
not  form  a  part  of  the  common  school  system.  Higgins  v.  Prater,  91  Ky.  6; 
and  see  Ramsey  v.  City,  119  Ky.  180. 

Text  Books.— The  prohibition  of  text  books  relating  to  any  sect  or  re- 
ligion is  not  objectionable.  Board  of  Trustees  v.  Thomas  12  R.  832,  15 
S.  W.  670. 

A  city  must  pay  to  the  school  board  the  proceeds  of  a  tax  levied  for 
education;  it  is  no  excuse  that  the  money  has  been  paid  to  the  sinking 
fund.  City  of  Louisville  v.  Louisville  School  Board,  17  R.  697,  32  S.  W.  406. 

An  appropriation  may  be  made  for   the  State  University   or   the   State 
Normal    School    without    a    submission    to    a   popular    election       James    v 
State  University     131   Ky.    156;    James   v.    Board   of   Regents   for   Western 
Kentucky   State   Normal    School,    131   Ky.    156. 


CONSTITUTIONAL  PROVISIONS  3 

Section  3.  (§  185.)  Common  School  Funds — Investment 
— Interest  on. — The  General  Assembly  shall  make  provision,  'by 
law,  for  the  paym;ent  of  the  interest  of  said  school  fund,  and 
may  provide  for  sale  of  the  stock  in  the  Bank  of  Kentucky; 
and  in  case  of  a  sale  of  all  or  any  part  of  said  stock,  the  pro- 
ceeds of  sale  shall  be  invested  by  the  Sinking  Fund  Commis- 
sioners in  other  good  interest-bearing  stocks  or  bonds,  which 
shall  be  subject  to  sale  and  re-investment,  from  .time  to  time,  in 
like  manner  with  the  same  restrictions  as  provided  with  refer- 
ence to  the  sale  of  the  said  stock  in  th©  Bank  of  Kentucky. 
See  Sec.  4370,  Ky.  Stat. 

Section  4.  (§  186.)  Distribution  of  Fund— Surplus  Due 
Counties. — Each  county  in  the  Commonwealth  shall  be  entitled 
to  its  proportion  of  the  school  fund  on  its  census  of  pupil  chil- 
dren for  each  school  year;  if  the  pro  r'ata  share  of  any  school 
district  be  not  called  for  after  the  second  school  year,  it  shall 
be  covered  into  the  treasury  and  be  placed  to  the  credit  of  the 
school  fund  for  general  apportionment  the  following  school 
year.  The  surplus  now  due  the  several  counties  shall  remain 
a  perpetual  obligation  against  the  Commonwealth  for  the  bene- 
fit of  said  respective  counties  for  which  the  Commonwealth 
shall  execute  its  bond,  bearing  interest  at  the  rate  of  six  per 
centum  per  annum,  payable  annually,  to  the  counties  respec- 
tively entitled  to  the  same,  and  in  the  proportion  to  which  they 

The  State  taxes  referred  to  in  Ky.  Stats.,  Sec.  4260  do  not  include 
school  taxes.  Com.  v.  Southern  Pacific  Co.,  154  Ky.  41. 

Under  this  section  and  section  2997,  relating"  to  collection  of  taxes  a 
discount  for  prompt  payment  is  vaid.  Board  of  Education  of  Louisville 
v.  Sea,  167  Ky.  772. 

In  view  of  this  section  and  Ky.  Stats.,  Sec.  4370,  it  is  held  that  Sec. 
4371  does  not  constitute  an  appropriation  of  money,  but  is  a  limitation 
upon  the  purposes  to  which  the  resources  of  the  school  fund  may  be  put, 
and  the  superintendent  can  not  exceed  the  appropriations  contained  in 
Ky.  Stats.,  Sees.  4385  and  4535f  in  employing-  clerical  assistance.  Greene 
v.  Gilbert,  168  Ky.  380. 

The  legislature  may  provide  taxes  for  common  school  purposes  without 
submitting-  the  question  to  the  legal  voters.  Larue  v.  Redmon,  168  Ky. 

Subsection  7  of  Ky.  Stats.,  Sec.  4636a,  provides  that  each  county  may 
send  to  the  State  University  one  or  more  students,  who  shall  have  free 
tuition  and  room  rent.  This  provision  is  in  conflict  with  Const.,  Sec.  3, 
and  is  void.  Barker  v.  Crum,  177  Ky.  637. 

Ky.  Stats.,  Sec.  4376,  as  amended  in  1918  (Session  Acts,  Chapter  139), 
relating-  to  payments  on  warrants  of  the  Superintendent  of  Public  Instruc- 
tion is  valid.  Adams  v.  Greene,  182  Ky.  504. 

Sec.  185.  The  provision  of  Ky.  Stats.,  Sec.  2971,  for  the  vesting-  of 
escheated  property  in  Louisville  in  the  Board  of  Education  for  the  public 
schools  is  not  inconsistent  with  this  section.  Com.  v.  Thomas'  Admr., 
140  Ky.  789. 


4  KENTUCKY  SCHOOL  LAWS  1922 

are  entitled,  to  be  used  exclusively  in  aid  of  common  schools. 
See  Sec.  4375,  Ky.  Stat. 

Section  5.  (§  187.)  Each  Race  to  Share  Fund  Equally- 
Separate  Schools. — In  distributing  the  school  fund  no  distinc- 
tion shall  be  made  on  account  of  race  or  color  and  separate 
schools  for  white  and  colored  children  shall  be  maintained. 

Section  6.  {§  188.)  School  Fund— Money  Received  From 
Unitedr  States,  Part  of. — So  much  of  any  moneys  as  may  be  re- 
ceived by  the  Commonwealth  from  the  United  States  under  the 
recent  act  of  Congress  refunding  the  direct  tax  shall  become 
a  part  of  the  school  fund  and  be  held  as  provided  in  section 
184;  but  the  General  Assembly  may  authorize  the  use  by  the 
Commonwealth  of  the  moneys  so  received  or  any  part  thereof, 
in  which  event  a  bond  shall  be  executed  to  the  Board  of  Educa- 
tion for  the  amount  so  used,  which  bond  shall  be  held  on  the 
same  terms  and  conditions  and  subject  to  the  provisions  of 
section  184,  concerning  the  bond  therein  referred  to.  See  Sec. 
4370,  Ky.  Stat. 

Section  7.  (<§>  189.)  Appropriation  for  Sectarian  Pur- 
poses Forbidden. — No  portion  of  'any  fund  or  tax  now  existing, 
or  that  may  hereafter  be  raised  or  levied  for  educational  pur- 
poses, shall  be  appropriated  to,  or  used  by,  or  in  aid  of,  any 

Sec.  186.  Surplus  Due  Counties— Deficit— Census.— Ky.  Stats.,  Sec.  2974, 
requiring  a  cenus  of  school  children  to  be  taken  every  five  years  is  not 
a  violation  of  this  section,  which  does  not  require  a  census  to  be  taken 
each  year  for  the  purpose  of  ascertaining-  the  fund  due  the  counties. 
Superintendent  of  Public  Instruction  may  question,  in  a  judicial  pro- 
ceeding-, the  correctness  of  the  number  of  children  returned  to  him  in  a 
district.  Louisville  School  Board  v.  Superintendent  Public  Instruction,  102 
Ky.  394;  Crabbe  v.  Board  of  Education,  132  Ky.  478. 

Deficit  in  amount  due  a  county  and  not  paid  in  any  year  is  to  be  paid 
out  of  the  fund  for  succeeding  year.  Lou.  School  Board  v.  McChesney, 
109  Ky.  9. 

The  words  "school  fund"  in  this  section  do  not  embrace  escheated 
property.  Com.  v.  Thomas'  Admr.,  140  Ky.  789. 

Ky.  Stats.,  Sec.  4376,  as  amended  in  1918  (Sess.  Acts,  Chapter  139),  re- 
lating to  payments  on  warrants  of  the  Superintendent  of  Public  Instruc- 
tion is  valid.  Adams  v.  Greene,  182  Ky.  504. 

Sec.   187.    Distribution'  of  school  fund.     Crosby  v.    City,    133  Ky.    215. 

"Colored  children"   defiifed.     Mullins   v.    Belcher,    142  Ky.    673. 

Each  of  two  free  graded  public  school  districts,  one  for  white  children, 
and  one  for  colored  children,  occupied  the  same  territory,  a  proposition  to 
incur  indebtedness  for  the  erection  of  school  buildings  for  the  colored 
schools,  to  be  paid  by  taxation  on  the  property  of  the  colored  people, 
was  rightly  submitted  to  the  colored  voters.  The  indebtedness  that  could 
be  incurred  was  two  (2%)  per  cent  of  the  value  of  the  taxable  property  of 
colored  persons  and  of  the  proportion  of  property  of  corporations  that  the 
number  of  colored  children  bore  to  the  number  of  children  of  school  age. 
Moss  v.  City  of  Mayfield,  186  Ky. 


CONSTITUTIONAL  PROVISIONS  5 

church,    sectarian   or   denominational    school.     (See    further, 
Con.,  Sec.  5.) 

Section  8.  (§5.)  Freedom  of  Conscience — Church  and 
State — Education. — No  preference  shall  ever  be  given  by  law 
to  any  religious  sect,  society  or  denomination;  nor  to  any  par- 
ticular creed,  mode  of  worship  or  system  of  ecclesiastical 
polity;  nor  shall  any  person  be  compelled  to  attend  any  place 
of  worship,  to  contribute  to  the  erection  or  maintenance  of  any 
such  place,  or  to  the  salary  or  support  of  any  minister  of  re- 
ligion; nor  shall  any  man  be  compelled  to  send  his  child  to  any 
school  to  which  he  may  be  conscientiously  opposed;  and  the 
civil  rights,  privileges  or  capacities  of  no  person  shall  be  taken 
away,  or  in  any  wise  diminished  or  enlarged,  on  account  of  his 
belief  or  disbelief  of  any  religious  tenet,  dogma  or  teaching. 
No  human  authority  shall,  in  any  case  whatever,  control  or 
interfere  with  the  rights  of  conscience. 

Under  section  189  of  the  Constitution,  no  fund  now  existing-,  or  that 
may  hereafter  be  raised  or  levied  for  educational  purposes,  can  be  ap- 
propriated to,  or  used  by,  or  in  aid  of,  any  church,  sectarian  or  denomina- 
tional school. 

The  Constitution  not  only  forbids  the  appropriation  for  any  purpose 
of  the  common  school  funds  to  sectarian  intitutions,  but  it  contemplates 
that  the  separation  between  the  common  school  and  the  sectarian  school 
shall  be  open,  notorious  and  complete. 

It  is  a  violation  of  the  Constitution  for  the  trustees  of  any  common 
or  graded  school  or  educational  institution  supported  in  whole  or  in 
part  by  public  funds,  to  enter  into  contracts,  agreements  or  arrangements 
through  or  under  which  such  school  may  be  brought  directly  or  indirectly 
under  the  influence,  control  or  supervision  of  any  sectarian  institution  or 
school.— Williams,  et  al.  v.  Board,  et  al.,  173  Ky.  708. 

Sec.  189.  Bible  in  Public  Schools.— Not  sectarian  or  denominational. 
Hackett  v.  Brooksville  Graded  School,  120  Ky.  608. 

A  trust  fund  for  the  propagation  of  the  principles  of  primitive  Chris- 
tianity as  taught  by  the  Christian  church  is  not  exempt  from  taxation. 
Com.  v.  Thomas,  119  Ky.  208. 

A  person  who  had  been  a  teacher  in  a  church  school  resigned  and  be- 
came a  teacher  in  a  State  graded  school;  two  other  teachers  in  the  church 
school  became  teachers  in  the  graded  school,  receiving  no  compensation 
from  the  graded  school,  but  being  paid  by  the  church  school.  These  facts 
do  not  constitute  an  infringement  of  this  section.  McDonald  v.  Parker, 
130  Ky.  501. 

A  tax  levy  assessed  to  be  for  local  school  purposes  was  sufficiently 
definite.  Shanklin  v.  Boyd,  146  Ky.  460. 

A  county  board  of  education  has  no  power  to  enter  into  a  contract 
with  a  sectarian  educational  institution  by  which  the  institution  will  fur- 
nish tuition  to  county  high  school  pupils  or  other  common  school  pupils 
in  consideration  of  the  payment  of  a  portion  of  the  cmmon  school  fund 
to  that  institution.  The  opinion  in  172  Ky.  133  has  been  withdrawn. 
Williams  v.  Board  of  Trustees  Stanton  Common  School  District,  173  Ky.  708. 

Sec.  5.  Reading  Bible  in  Public  Schools.—  Not  prohibited  by  this  sec- 
tion. Hackett  v.  Brooksville  Graded  School  District,  120  Ky.  608. 

Witness— Competency.— Exclusion  of  witness  on  account  of  his  religious 
belief  or  disbelief  in  any  system  of  religion,  is  in  violation  of  the  Con- 
stitution. Bush  v.  Com.,  80  Ky.  244. 

A  witness  shall  not  be  cross-examined  as  to  his  religious  belief  for 
the  purpose  of  discrediting  him.  L.  &  N.  R.  Co.  v.  Mayes,  26  R.  197,  80 
S.  W.  1096. 


6  KENTUCKY  SCHOOL  LAWS  1922 

Section    9.     (§  157.)     Tax    Rate  —  Indebtedness  —  Submis- 

sion of  Question  to  Voters.  —  The  tax  rate  of  cities,  towns,  coun- 

ties, taxing  districts  and  other  municipalities,  for  other  than 

school  purposes,  shall  not  at  any  time,  exceed  the  following 

rates  upon  the  value  of  the  taxable  property  therein,  viz.  :  For 

all  towns  or  cities  having  less  than  fifteen  thousand  and  not 

less  than  ten  thousand,   one  dollar  on  the  hundred  dollars 

($100.00)  ;  for  all  towns  and  cities  having  less  than  ten  thou- 

sand,  seventy-five   cents    (75c)    on   the   one   hundred   dollars 

($100.00)  and  for  counties  and  taxing  districts,  fifty  cents  (50c) 

on  the  one  hundred  dollars  ($100.00)  ;  unless  it  should  be  neces- 

sary to  enable  such  cdty,  town,  county,  or  taxing  district  to 

pay  the  interest  on  and  provide  a  sinking  fund  for  the  extinc- 

tion of  indebtedness  contracted  before  the  adoption  of  this 

constitution.     No  city,  town  or  county  taxing  district  or  other 

municipality  shall  be  authorized  or  permitted  to  become  in- 

debted, in  any  manner  or  for  any  purpose,  to  an  amount  ex- 

ceeding in  any  year,  the  income  and  revenue  provided  for  such 

year,  without  the  assent  of  two-thirds  of  the  voters  thereof, 

voting  at  an  election  to  be  held  for  that  purpose;  and  any 

indebtedness  contracted  in  violation  of  this  section  shall  be 

void.     Nor  shall  such  contract  be  enforceable  by  the  person 

with  Whom  made  ;  nor  shall  such  municipality  ever  be  author- 

ized to  assume  the  same. 

A  trust  fund  devoted  to~  the  propagation  of  primitive  Christianity, 
as  taught  by  the  Christian  church  is  not  exempt  from  taxation.  Com. 
v.  Thomas,  119  Ky.  298. 

Under  this  section  and  section  180  of  the  Constitution,  Stats.,  Sec.  2997, 
providing:  for  discount  upon  prompt  payment  of  taxes,  is  valid.  Board  of 
Education  of  Louisville  v.  Sea,  167  Ky.  772. 

A  county  board  of  education  has  no  power  to  contract  with  a  sectarian 
educational  institution  that  the  buildings  thereof  shall  be  kept  in  repair 
with  funds  raised  by  taxation  or  other  common  school  funds  and  that 
in  return  therefor  common  school  pupils  shall  be  taught  therein  without 
f  ,arge-,Vo  £lllla"»s  v-  Board  of  Trustees,  Stanton  Common  School  Dis- 
trict,  17o  Ky.  708. 

Construction  and  Effect  of  the  Section.-Without  the  assent  of  the 
voters  a  city  can  not  become  indebted  for  scho^s  or  other  purposes  in 

Council   v.    Powell 


Chapter  II. 

GENERAL  PROVISIONS 

Sec.  10.  System  uniform.  Sec.  22.  Humane       treatment       of 

Sec.  11.  Common  school  defined.  animals. 

Sec.  12.  School   year.  Sec.  23.  Music. 

Sec.  13.  Teacher    requirements.  Sec.  24.  School  Fund. 

Sec.  14.  Pupils— Explusion.  Sec.  25.  School   term. 

Sec.  15.  Books    prohibited.  Sec.  26.  Health  officer's  duty. 

Sec.  1C.  Diplomas.  Sec.  27.  Water  to  be  analyzed. 

Sec.  17.  School    house     for    public  Sec.  28.  Separate   college. 

uses.  Sec.  29.  Trustees  of  seminaries. 

Sec.  18.  Agriculture  to  be  taught.  Sec.  29a.  Penalty   to   injure    school 

Sec.  19.  Temperance  Day.  property. 

Sec.  20.  Thrift  and  industry.  Sec.  29b.  Penalty  to  use  cigarettes 

Sec.  21.  Physical   training.  on  school  grounds. 

Section  10.  (§  4363  Ky.  St.)  Uniform  System  to  be  Main- 
tained.— There  shall  be  maintained  throughout  the  State  of 
Kentucky  a  uniform  system  of  common  schools  in  accordance 
with  the  Constitution  of  the  State  and  this  chapter.  (July  6, 
1893,  C.  260,  p.  1413,  Sec.  1  as  amended  March  18,  1916,  C.  24, 
p.  162.) 

Section  11.  (§  4364.)  Common  School  Defined — Any 
Child  May  Attend. — No  school  shall  be  deemed  a  "common 
school,"  within  the  meaning  of  this  chapter,  or  be  entiltled  to 
any  contribution  out  of  the  school  fund,  unless  the  same  has 
been,  pursuant  hereto,  actually  kept  or  is  under  contract  to  be 
kept  by  a  qualified  teacher  for  seven  or  more  successive  months 
in  all  sub-districts,  during  the  same  school  year,  and  at  which 
every  child  residing  in  the  district,  between  the  'ages  of  six 
and  eighteen  years,  has  had  the  privilege  of  attending  whether 
contributing  towards  defraying  the  expense  or  not;  Provided, 
that  nothing  herein  shall  prevent  any  person  over  eighteen 
from  attending  the  common  school  of  the  district  or  sub-dis- 
trict in  which  he  resides,  and  that  said  person  shall  not  be  re- 
quired to  contribute  toward  defraying  the  expense  or  pay 
tuition  fees.  (Act  March  18,  1918,  C.  138,  p.  574,  as  amended 
by  Act  March,  1922.) 

Section  12.  (§  4365  Ky.  St.)  School  Year.— The  school 
year  shall  begin  on  the  first  day  of  July  and  end  on  the  thirtieth 
of  June.  (C.  24,  p.  162,  Acts  1916.) 

Common  school  defined.     Collins   v.   Henderson,   11  Bush  74. 
Teaching  higher   branches   of  learning  in   common   schools   is   not  pro- 
hibited.    Newman   v.    Thompson,    9   R.    199. 

Graded  school's  are  common  schools.   Riggs  v.   Stevens,   92  Ky.  393. 


8  KENTUCKY  SCHOOL  LAWS  1922 

Section  13.  (§  4366.)  School  Month.— School  Day— As- 
sistant Teacher. — Twenty  school  days,  or  days  in  which  teach- 
ers are  actually  employed  in  the  school  room,  shall  constitute 
a  school  month  in  the  common  schools  of  the  State;  but  no 
teacher  shall  teach  on  Saturdays.  Teachers  shall  have  the 
benefit  of  only  such  legal  holidays  as  they  actually  observe. 
Six  hours  of  actual  work  in  the  school  room  shall  constitute  a 
school  day ;  and,  under  no  circumstances,  shall  the  daily  session, 
including  recess  and  intermissions,  exceed  nine  hours  in  length. 
When  the  attendance  exceeds  fifty,  the  teacher  may  employ 
during  such  attendance,  an  assistant,  whose  scholarship  and 
competency  shall  be  acceptable  to  the  diviision  board  of  his 
educational  division.  When  the  school  shall  require  an  as- 
sistant to  serve  regularly  at  a  salary,  such  assistant  shall  hold 
a  certificate  of  qualification,  and  be  employed  by  the  division 
board  of  his  educational  division.  (As  amended  March  18, 
1918,  C.  24,  p.  162.) 

Section  14.  "(§  4367  Ky.  St.)  Pupils  to  Comply  With 
Regulations — Suspension  or  Expulsion. — (All  pupils  who  may  be 
admitted  to  common  schools  shall  comply  with  the  regulations 
established  in  pursuance  of  law  for  the  government  of  such 
schools.  Willful  disobedience  or  defiance  of  the  authority  of 
the  teachers,  habitual  profanity  or  vulgarity,  or  other  gross 
violation  of  propriety  or  law,  shall  constitute  good  cause  for 
suspension  or  expulsion  from  school. 

Section  15.  (§  4368  Ky.  St.)  Sectarian,  Infidel,  or  Im- 
moral Books  or  Teaching  Prohibited.— No  books  or  other  pub- 
lications of  a  sectarian,  infidel,  or  immoral  character,  shall  be 
used  or  distributed  in  any  common  school,  nor  shall  any  sec- 
tarian, infidel  or  immoral  doctrines  be  taught  therein. 

Section  16.  ( §  4369  Ky.  St. )  Certificate  Granted  to  Pupil 
Who  Completes  Course— Examination  For.— Whenever  a  pupil 
of  any  common  school  in  county  school  districts  shall  have 

(Employment  of  assistant  teachers   now  under   the  jurisdiction   of   the 
See   Sec     4399a-°7     V^Ed lT  °n  recommendation  of  county   superintendent. 
Assistant  teacher  must  hold  proper  certificate  in  order  to  draw  salary 
to  be  authorized  to  teach.  Flannery  v.  Barrett,   146  Ky.  712. 

The  Bible  is  not  a  sectarian  book.    A  prayer  offered   at  opening' exer- 
Trultees,   ffKy    W8.        nOt  Sectarian  instruction.     Hackett  v    Brooksville 


,;H  _  GENERAL  PROVISIONS  9 

completed  the  prescribed  elementary  course  of  study,  and  shall, 
have  passed  an  examination  in  the  same  prescribed  by  the 
county  board  of  education,  he  shall  be  entitled  to  a  certificate 
of  such  completion  signed  by  the  chairman  of  the  county  board 
and  by  the  county  superintendent,  and  such  pupil  shall  be 
entitled  to  admission  into  any  county  high  school  free  of  tui- 
tion. (As  amended  by  Act  March,  1922.) 

Sestion  17.  (§  4369a  Ky.  St.)  School  Houses  to  be  Used 
for  Public  Gatherings. — When  a  responsible  person  of  any  sub- 
district  may  apply  to  any  subdistrict  trustee  for  the  use  of  a 
school  house,  to  be  used  when  the  school  is  not  in  session,  dur- 
ing school  hours  or  vacation,  by  any  lawful  assembly  of  educa- 
tional, religious,  agricultural,  political,  civic  -or  social  bodies, 
organizations  or  gatherings,  and  if  said  subdistrict  trustee  re- 
fuse the  use  of  the  same,  then  the  said  trustee  shall  state  his 
cause  for  refusal  in  writing,  and  if  a  demand,  signed  by  five 
freeholders  of  said  subdistrict,  be  presented  to  said  subdistrict 
trustee,  then  he  shall  deliver  or  cause  to  be  delivered,  the  keys 
of  said  school  house,  to  such  freeholder,  who  shall  be  respon- 
sible for  the  use  and  care  of  said  school  property  and  of  avoid- 
able damages  and  the  return  of  the  key  to  the  teacher  of  said 
district,  if  school  be  in  term  session,  or  to  the  subdistrict  trustee 
during  vacations.  (March  18,  1916,  C.  24,  p.  162,  Sec  8.) 

Section  18.  (<§>  4369b-l.)  Elementary  Agriculture  to  be 
Taught. — After  July  1,  1919,  the  subject  of  elementary  agri- 
culture shall  be  taught  in  the  common  schools  of  this  state  ex- 
cept in  cities  of  the  first,  second,  third  and  fourth  classes. 
(March ,  1918,  C.  83,  p.  410.) 

(<§,  4369b-2.)  Teachers  to  Pass  Examination  of  Elementary 
Agriculture. — After  July  1,  1919,  no  person  shall  be  authorized 
to  teach  in  the  common  schools  of  this  state,  except  in  the 
•cities  aforesaid,  unless  he  shall  have  first  passed  an  examina- 
tion prepared  by  the  state  board  of  examiners  on  the  subject 
of  elementary  agriculture,  and  the  law  in  regard  to  the  exam- 
ination of  teachers  on  other  subjects  in  the  common  school 
course  shall  apply  to  the  subject  of  elementary  agriculture. 
(March,  1918,  C.  83,  p.  410.) 

(§  4369b-3.)  Teaching  of  the  Subject  to  be  Enforced. — 
After  July  1,  1919,  the  State  Board  of  Education,  teachers  and 


10  KENTUCKY  SCHOOL  LAWS  1922 

all  school  officers  shall  enforce  the  teaching  of  the  subject  of 
elementary  agriculture  in  the  same  manner  that  the  teaching 
of  other  branches  of  the  curriculum  is  or  may  be  enforced. 
(March,  1918,  C.  83,  p.  410.) 

(§  4369b-4.)  Teachers'  Examinations.— Any  person  hold- 
ing a  certificate  to  teach  need  not  be  examined  on  any  other 
branch  than  elementary  agriculture  until  the  expiration  of  the 
certificate  held  by  him.  (March,  1918,  C.  83,  p.  410.) 

Section  19.  (§  4369c-l)  Temperance  Day— Observed.— 
That  there  be  one  day  in  each  scholastic  year  of  the  public  and 
high  schools  of  the  State  of  Kentucky  to  be  known  as  Temper- 
ance Day  and  that  the  fourth  Friday  in  October  of  each  year 
is  hereby  designated  as  Temperance  Day.  This  day  shall  be 
observed  as  such  in  each  public  and  high  school  of  the  State, 
or  if  preferred,  in  each  sub-division  thereof.  (March,  1918,  C. 
164,  p.  672,  Sec.  1.) 

(§  4369c-2.)  Programs  Furnished.— The  State  Superin- 
tendent of  Public  Instruction  shall  have  prepared  and  fur- 
nished in  due  time  to  every  teacher  of  said  public  and  high 
school  of  the  State  a  suitable  program  to  be  used  on  said  Tem- 
perance Day.  (Id.  Sec.  2.) 

(§  4369c-3.)  Placards— What  Must  Set  Forth.— It  shall 
be  the  duty  of  the  State  Superintendent  of  Public  Instruction 
to  have  prepared  and  furnished  to  the  teachers  in  the  public 
and  high  schools,  placards  printed  in  large  type  which  shall 
set  forth  in  attractive  style  statistics,  epigrams,  mottoes  and 
up-to-date  scientific  truths  showing  the  evils  of  intemperance 
and  especially  from  the  use  of  alcoholic  and  intoxicating  bever- 
ages of  all  kinds  and  from  cigarettes.  (Id.  Sec.  3.) 

(§  4369c-4.)  Teacher— Duty.— It  shall  be  the  duty  of 
every  teacher  in  the  State  paid  entirely  or  in  part  by  the  State 
to  keep  posted  in  a  conspicuous  place  in  the  school-room  oc- 
cupied by  said  teacher,  one  of  the  said  placards.  (Id.  Sec.  4.) 

Section  20.  (§  4369d-l.)  Thrift  to  be  Inculcated.— That 
there  shall  be  taught  in  the  public  and  high  schools  of  the 
State  a  course  of  lessons  to  inculcate  habits  of  thrift  and  in- 
dustry. (March  7,  1920,  C.  21,  p.  106.) 

(§  4369d-2.)  State  Superintendent  to  Prepare  and  Fur- 
nish Placards,  Etc.— It  shall  be  the  duty  of -the  State  Superin- 


GENERAL  PROVISIONS  11 

tendent  to  have  prepared  and  furnished  to  every  teacher  in 
said  public  and  high  school  of  the  State  a  bulletin  covering 
thrift  and  industry.  Also  it  shall  be  the  duty  of  the  State 
Superintendent  of  Public  Instruction  to  have  prepared  and 
furnished  to  the  teachers  of  the  public  and  high  schools  pla- 
cards printed  in  large  type,  which  shall  set  forth  in  an  attrac- 
tive style,  statistics,  epigrams  and  mottoes  showing  the  advan- 
tages of  thrift  and  industry.  It  shall  be  the  duty  of  every 
teacher  in  the  State  paid  entirely  or  in  part  by  the  State,  to 
observe  at  least  one  fifteen  minutes'  period  each  week  to  the 
teaching  of  thrift  and  industry  and  to  keep  placards  on  thrift 
and  industry  posted  in  the  school  room.  (March  7,  1920,  C. 

21,  p.  106.) 

Section  21.  (§  4369e-l.)  Physical  Training  and  Educa- 
tion— Manual  to  be  Prepared. — The  Kentucky  State  Board  of 
Education  shall  prescribe  a  course  of  study  in  physical  educa- 
tion for  all  common  schools  of  the  State  and  shall  fix  the  time 
when  said  course  shall  go  into  effect.  This  course  shall  occupy 
periods  totaling  not  less  than  thirty  minutes  each  school  day 
which  shall  be  devoted  to  instruction  in  health  and  safety,  to 
physical  exercises  and  to  recess  play  under  proper  supervision. 

A  manual  setting  out  the  details  of  said  course  of  study 
shall  be  prepared  by  the  superintendent  of  public  instruction 
in  co-operation  with  the  State  Board  of  Health  of  Kentucky 
and  such  other  expert  advisers  as  he  may  choose. 

Said  manual  when  published  shall  be  sent  by  said  Ken- 
tucky State  Board  of  Education  to  the  teachers  of  the  common 
schools  in  the  State  of  Kentucky.  (March  22,  1920,  C.  42, 
p.  190.) 

(§  4369e-2.)  Teachers'  Courses  to  Include  such  Instruc- 
tion.— The  curriculum  of  the  State  Normal  Schools  of  Ken- 
tucky and  of  all  other  institutions  in  the  State  supported 
wholly  or  in  part  by  public  funds  having  special  courses  adopt- 
ed for  the  preparation  of  teachers,  shall  contain  one  or  more 
courses  in  physical  education,  and  after  the  first  day  of  July, 
nineteen  hundred  and  twenty-one,  each  person  graduating 
from  a  teacher's  course  in  any  of  these  institutions  shall  have 
completed  one  or  more  courses  in  physical  education.  (March 

22,  1920,  C.  42,  p.  190.) 


12  KENTUCKY  SCHOOL  LAWS  1922 

(§  4369e-3.)  Physical  Instructors— Use  of  School  Build- 
ing's as  .  Community  Centers. — County  'boards  of  education, 
boards  of  education  of  cities  and  of  graded  common  school 
districts  may  employ  supervisors  and  special  teachers  of  physi- 
cal education  in  the  same  manner  as  other  teachers  are  em- 
ployed, provided  they  possess  such  qualifications  as  the  State 
Board  of  Education  may  prescribe.  Boards  of  education  of 
two  or  more  school  districts,  city,  graded  school,  or  county, 
may  jointly  employ  a  supervisor  .or  special  teacher  of  physical 
education.  Boards  of  education  may  allow  the  use  of  school 
buildings  and  school  grounds  after  regular  school  hours  and 
during  vacations  as  community  centers  for  the  promotion  of 
play  and  other  healthful  forms  of  recreation,  under  such  rules 
and  regulations  as  to  them  may  seem  proper.  (March  22, 
1920,  C.  42,  p.  190.) 

Section  22.  (§  43691)  Humane  Treatment  Toward  Ani- 
mals to  be  Inculcated. — That  for  the  purpose  of  lessening 
crime  and  raising  the  standard  of  good  citizenship,  and  in- 
culcating the  spirit  of  humanity,  such  humane  education  shall 
be  given  in  the  public  schools  as  shall  include  the  kind  and  just 
treatment  of  horses,  dogs,  cats,  birds  and  -all  other  animals. 

In  every  public  school  within  the  State  not  less  than  one- 
half  hour  of  each  week  during  the  whole  of  each  term  of  school 
shall  be  devoted  to  teaching  the  pupils  thereof  kindness  and 
justice  to,  and  humane  treatment  and  protection  of  animals 
and  birds  and  the  important  part  they  fill  in  the  economy  of 
nature.  It  shall  be  optional  with  each  teacher  whether  it  shall 
be  a  consecutive  half  hour  or  shorter  period  daily  or  whether 
such  teachings  shall  be  through  humane  reading,  stories, 
narratives  of  daily  incidents,  or  illustrations  taken  from  per- 
sonal experience.  This  instruction  shall  be  a  part  of  the  curri- 
culum of  study  in  all  the  public  schools  of  the  State  of  Ken- 
tucky. 

The  principal  or  teacher  of  every  school  shall  certify  in  his 
or  her  reports  that  such  instruction  has  been  given  in  the 
school  under  his  or  her  control.  (March  23, 1920,  C.  74,  p.  342.) 

Section  23.  (§  4369g.)  Music  Made  a  Part  of  the  Com- 
mon School  Curriculum.-—That  singing  be  included  in  the  cur- 
riculum of  the  public  schools  of  the  State  for  the  opening  and 


GENERAL  PROVISIONS  13 

recreational  exercises.  That  the  minimum  requirement  shall 
include  the  State  song  and  two  National  airs.  That  singing  be 
regarded  as  a  subject  in  the  public  schools  of  the  State  for  the 
purpose  of  instilling  into  the  minds  of  youth  patriotic  feeling 
and  a  deeper  love  for  their  country.  (Act  March  18,  1922.) 

Section  24.  (§  4370  Ky.  St.)  What  Constitutes— Divi 
dend  on  Bank  Stock — Annual  Tax — Fines  and  Forfeitures. — 
The  school  fund  shall  consist  of  the  fund  dedicated  by  the 
Constitution  and  laws  of  this  Commonwealth  for  the  purpose 
of  sustaining  a  system  of  common  schools  therein:  (1)  The 
interest  on  the  bond  of  the  Commonwealth  for  one  million  three 
hundred  and  twenty-seven  thousand  dollars  ($1,327,000.00) 
in  aid  of  common  schools,  at  the  rate  of  6  per  cent,  per  annum, 
payable  semi-annually  on  the  first  day  of  January  and  July  of 
each  year.  (2)  The  dividends  on  seven  hundred  and  thirty- 
five  (now  seven  hundred  and  ninety-eight)  shares  of  the  capi- 
tal stock  of  the  Bank  of  Kentucky,  representing  a  par  value 
of  seventy-three  thousand  five  hundred  dollars  (now  seventy- 
nine  thousand  eight  hundred)  owned  by  the  State.  (3)  The 
surplus,  three  hundred  and  eighty-one  thousand  nine  hundred 
and  eighty-six  dollars  and  eight  cents  ($381,986.08),  now  due 
the  several  counties,  and  remaining  a  perpetual  obligation 
against  the  Commonwealth  for  the  benefit  of  said  respective 
counties,  for  which  the  Commonwealth  shall  execute  its  bond, 
bearing  interest  at  the  rate  of  6  per  cent,  per  annum,  payable 
annually  on  the  first  day  of  July  to  the  counties  respectively 
entitled  to  the  same,  and  in  the  proportion  to  which  they  are 
entitled,  to  be  used  exclusively  in  aid  of  common  schools.  Said 
bond  shall  be  executed  by  the  Governor  and  attested  by  the 
Secretary  of  State  for,  and  on  behalf  of  the  Commonwealth  of 
Kentucky,  and  when  said  bond  is  executed  the  old  bond  for 
three  hundred  and  seventy-eight  thousand  nine  hundred  and 
forty-six  dollars  and  seventy-one  cents,  being  part  of  said 
bond,  shall  be  cancelled  and  destroyed.  (4)  The  interest  at  6 
per  cent,  per  annum,  payable  semi-annually,  on  the  first  day  of 
January  and  July,  on  six  hundred  and  six  thousand  six  hun- 
dred and  forty-one  dollars  and  three  cents  ($606,641.03,  re- 
ceived from  the  United  States  under  an  act  approved  March 
2,  1891,  for  which  the  Commonwealth  has  executed  bond  pur- 


14  KENTUCKY  SCHOOL  LAWS  1922 

suant  to  an  act  approved  March  12,  1892.  (5)  The  annual  tax  of 
twenty-six  cents  on  each  one  hundred  dollars  of  value  of  all 
real  and  personal  estate  and  corporate  franchises  directed  to 
be  assessed  for  taxation.  (6)  Such  portions  of  fines,  forfeitures 
and  licenses  which  may  be  realized  by  the  State  as  the  amount 
of  taxes  for  common  school  purposes  bear  to  the  whole  State 
tax  other  than  for  the  benefit  of  the  Agricultural  and  Mechani- 
cal College. 

(§  4371  Ky.  St.)  Common  School  Fund  Shall  Not  be 
Used  For  Any  Other  Purpose. — The  foregoing  shall  constitute 
the  annual  resources  of  the  school  fund  of  Kentucky,  and 
shall  be  paid  into  the  treasury,  and  shall  not  be  drawn  out  or 
appropriated,  except  to  pay  the  expenses  of  the  State  Depart- 
ment of  Education  of  whatever  character  or  kind,  and  in  aid 
of  common  schools,  as  provided  in  this  character. 

(§  4372  Ky.  St.)  Fund  Used  for  Payment  of  Teachers,  Un- 
less Otherwise  Provided.— Except  as  otherwise  expressly  pro- 
vided in  this  chapter,  no  part  of  the  common  school  fund,  or  of 
the  revenue  thereof,  shall  be  used  for  any  other  purpose  than 
the  payment  of  teachers  of  common  schools,  legally  qualified 
and  employed  in  pursuance  thereof. 

An  act  appropriating-  a  part  of  the  school  fund  to  purchase  a  copyright 
of  Collins'  History  of  Kentucky  held  unconstitutional.  Collins  v.  Hender- 
son, 11  Bush  74. 

Laws  regulating  manner  in  which  common  school  fund  shall  be  ex- 
pended must  be  gneeral.  Auditor  v.  Holland,  14  Bush  147. 

Constitution  vests  power  in  legislature  to  control  school  fund.  This 
can  not  be  delegated  to  the  county  courts.  Auditor  v.  Holland,  14  Bush 

407  F°r  construction  of  this  section  see  Fuqua  v.    Superintendent,   119  Ky. 

State  Superintendent  limited  in  expenditures  for  clerical  assistants. 
Green,  Auditor  v.  Gilbert,  168  Ky.  380. 

The  common  school  fund  is  entitled  to  share  in  the  income  from  in- 
heritance taxes.  Green  v.  Gilbert,  185  Ky.  817. 

The  Constitution  does  not  limit  the  use  of  the  common  school  fund  to 
it  of  teachers  of  the  common  school,   and  the  legislature  has  a 
2  t"aCt  *eCM°?  ten  and  P^ide  that  the  expenses  of  the  Department 

be  paid  out  of  that  fund- 


has  no  power  to  divide   the  common  school   fund   in   a 
au   ^PP^P1?8^6  a  Part  of  it  to  the  payment  of  teachers 

le?hthi  confroT^f  "th*  bV^V<*e?   t^paymen?3  o^t'eac^ers'   salaries   not 
fe^^ffi^^J^.^^ff^f^11*^^     Halbertv.    Sparks, 


GENERAL  PROVISIONS  15 

(§  4373  Ky.  St.)  Auditor— Duty  of  With  Relation  to 
Fund. — The  Auditor  shall  keep  the  accounts  in  relation  to  this 
fund.  He  shall,  once  in  each  month,  make  a  transfer  to  the 
credit  of  said  fund  of  all  receipts  into  the  treasury,  with  the 
source  of  each  item,  for  the  benefit  of  the  common  schools  up 
to  the  date  of  such  transfer.  He  shall  allow  no  expenditures 
on  that  account  beyond  the  annual  revenue  of  the  fund,  and 
shall  see  that  no  county  draws  more  than  its  proper  propo^ 
tion. 

(§  4374  Ky.  St.)  Net  Revenue  to  be  Distributed— Fees 
and  Expenses  Not  to  be  Paid  Out  of. — The  net  revenue  of  the 
fund  accruing  during  each  school  year  shall  constitute  the  sum 
to  be  distributed.  But  no  fees  to  county  judges  or  clerks, 
discount  on  checks,  or  other  incidental  expenses,  shall  be  pair) 
out  of  the  distributable  share  of  the  revenue  apportioned  to 
any  county;  but  such  payment,  when  allowed  by  the  fiscal 
court,  shall  be  made  out  of  the  county  levy. 

(§  4375  Ky.  St.)  Superintendent  to  Estimate  Share  Pupil 
Entitled  to — Duty  of  Auditor  and  Superintendent — Surplus 
Due  Counties. — Tne  Superintendent  of  Public  Instruction 
shall,  on  or  before  the  fifteenth  day  of  July  in  each  year,  ascer- 
tain and  estimate  for  the  school  year  the  pro  rata  share  t.r» 
which  each  pupil-child  will  be  entitled,  according  to  the  whole 
number  of  such  children  residing  in  each  county,  as  shown  by 
the  returns  of  the  County  Superintendent. 

If  at  the  time  of  making  such  estimate  and  apportionment, 
the  census  returns  of  the  superintendent  for  any  county  frave 
not  been  made  to  him,  he  shall  use  the  census  returns  made  for 
the  previous  year.  It  shall  be  the  duty*  of  the  Auditor  to 
furnish  the  Superintendent  of  Public  Instruction  such  data  as 
may  be  needed  in  making  such  estimate  and  apportionment. 
It  shall  be  the  duty  of  the  Superintendent  of  Public  Instruc- 
tion, as  soon  as  practical,  to  file  such  a  copy  of  said  estimate  and 
apportionment  with  the  Auditor,  and  to  inform  each  county 
superintendent  of  the  amount  to  which  his  county  shall  be  en- 
titled. Whatever  difference  may  exist  between  the  estimated 
and  the  actual  revenue  of  the  school  fund  for  any  school  year 
shall  be  taken  into  the  account  of  the  estimate  and  apportion- 
ment for  the  succeeding  school  year. 


16  KENTUCKY  SCHOOL  LAWS  1922 

A  detailed  statement  of  the  surplus  amount  to  which  each 
county  is  entitled  shall  be  made  out  by  the  Superintendent  of 
Public  Instruction  and  filed  and  preserved  in  his  office.  The 
bonded  surplus  in  the  State  Treasury  to  the  credit  of  the 
counties  shall  bear  interest  at  the  rate  of  6  per  cent,  per  an- 
num, and  per  capita  derived  from  said  interest  shall  be  duly 
apportioned  to  the  white  and  colored  schools  of  the  county  re- 
spectively, and  be  paid  as  provided  in  the  following  section: 
Provided,  that  when  any  county  heretofore  established  out  of 
the  territory  belonging  to  a  county  or  counties  having  a  sur- 
plus which  has  not  been  apportioned  among  said  counties,  and 
when  any  new  county  shall  hereafter  be  established  out  of  terri- 
tory belonging  to  a  county  or  counties  having  such  a  surplus, 
then  the  Superintendent  of  Public  Instruction  shall  apportion 
such  surplus  among  the  original  and  new  counties  in  an  equit- 
able manner. 

(§  4376  Ky.  St.)  Distribution  by  Auditor  on  Warrants 
of  Superintendent — Dates  of.  *  *  *  . — For  each  school 
year  the  Auditor  of  Public  Accounts,  on  the  successive  war- 
rants of  the  Superintendent  of  Public  Instruction,  shall  dis- 
tribute the  amount  of  the  school  fund  due  each  county  superin- 
tendent of  Common  Schools  and  the  amount  due  each  city, 
town  or  village  organized  as  one  district,  to  the  treasurer  of  the 
school  board  thereof  as  follows :  On  or  before  the  first  day  of 
September  one-sixth  of  the  whole  amount;  on  or  before  the 
first  day  of  October  one-sixth  of  the  whole  amount ;  on  or  be- 
fore the  first  day  of  November  one-sixth  of  the  whole  amount ; 
on  or  before  the  first  day  of  December  one-sixth  of  the  whole 
amount ;  on  or  before  the  first  day  of  January  one-sixth  of  the 
whole  amount ;  on  or  before  February  the  first  the  residue  in- 
cluding the  undistributed  surplus ;  provided  that  if  the  amount 
in  the  treasury  on  the  first  day  of  September,  October,  Novem- 

Under  section  14,  where  a  majority  of  the  districts  have  been  overpaid 
because  of  an  erroneous  estimate  of  the  revenue  of  the  school  funds  for 
the  year,  such  districts  must  be  postponed  in  the  apportionment  of  the 
revenue  of  the  next  year,  until  the  underpaid  districts  are  made  equal  to 
them.  Louisville,  etc.  v.  McChesney,  etc.,  109  Ky.  9. 

State  Suprelntendent  may  question  accuracy  of  returns  made  to  him  by 
any  district  showing:  pupils  in  district.  Louisville  School  Board  v.  Supt.', 
102  Ky.  394. 

Graded  school  district  entitled  to  its  pro  rata  any  time  during-  second 
year  where  there  was  no  school  on  account  of  delay  in  constructing-  build- 
ing. Trustees  v.  Webster  County,  132  Ky. 


GENERAL  PROVISIONS  17 

ber,  December,  January  or  February  be  insufficient  to  admit 
of  a  full  distribution  of  the  proportion  required  by  this  Act, 
then  the  Auditor  of  Public  Accounts  shall  upon  the  successive 
warrants  of  the  Superintendent  of  Public  Instruction  issue  his 
warrant,  bearing  interest  at  the  rate  of  five  per  centum  per  an- 
num for  the  residue.  The  warrant  shall  be  paid  together  with 
the  interest  thereon  out  of  the  common  school  fund.  (Act  as 
amended  March,  1918,  C.  139,  p.  592.) 

(§  68b-37.)  Net  Balance  of  "Dog  Fund"  Paid  Into 
"School  Fund." — All  moneys  collected  by  the  various  county 
clerks  in  this  Commonwealth  under  the  provisions  of  this  Act 
shall,  after  deducting  the  amounts  paid  out  for  loss,  damages, 
compensation  and  other  expenses  necessary  for  the  enforce- 
ment of  this  Act,  revert  to  the  school  fund  of  the  county. 

Section  25.  (§  4376a  Ky.  St.)  School  Term— Extension 
— Day  to  Pay  Teachers. — The  school  term  shall  not  be  less  than, 
six  (now  seven)  months  (120)  (now  140)  days  and  may 
by  the  Superintendent  of  Public  Instruction  be  extended  to 
seven  months  or  to  eight  months  when  the  resources  of  the 
school  fund  or  contributions  by  local  taxation  or  donations 
shall  justify  such  extension;  provided,  however,  no  such  ex- 
tension shall  be  made  if  it  reduces  the  salaries  of  the  teachers 
bjeow  the  standards  fixed  in  section  104.  (Sec.  34a.)  When 
the  school  term  is  extended  to  seven  months  the  school  fund 
for  that  year  shall  be  divided  into  seven  equal  installments, 
and  if  extended  to  eight  months,  frito  eight  equal  installments. 
When  either  such  extension  is  made  six  installments  shall  be 
paid  as  hereinbefore  provided  and  when  the  term  is  seven 
months  the  last  payment  shall  be  on  the  first  day  of  March; 
when  the  term  is  eight  months  the  last  payment  shall  be  on  the 
first  day  of  April,  on  warrants  as  in  case  of  six  months'  term. 

The  second  Saturday  of  each  of  the  aforesaid  months  is 
hereby  designated  as  the  day  on  which  the  County  Superin- 
tendent of  Common  Schools  and  the  treasurer  of  each  school 

This  section  is  not  invalid  for  uncertainty.  It  authorizes  county  super- 
intendents and  independent  school  boards  to  sell  warrants  issued  under  it. 
Adams  v.  Greene,  182  Ky.  504. 

Sec.  68b-37.  The  fund  is  to  accumulate  from  year  to  year,  until  suffici- 
ent to  pay  all  outstanding-  claims  in  full.  The  surplus  at  the  end  of  each 
year  is  to  be  paid  to  the  .county  school  fund,  and  the  live  stock  fund  starts 
afresh.  The  court  construes  subsection  27.  Nicholas  v.  Logan,  184  Ky.  711. 


18  KENTUCKY  SCHOOL  LAWS  1922 

board  of  a  city,  town  or  village  organized  as  a  separate  com- 
mon school  district,  shall  pay  to  the  teachers  under  them  the 
sums  due  said  teachers,  according  to  the  provisions  of  this 
Act.  (Act  as  amended  March,  1918,  C.  139,  p.  592.) 

Section  26.  (§  2054a-13.)  County  Health  Officer  to  In- 
spect Schools— Confidential  Reports  to  Parents.— The  county 
health  officer  shall  make  frequent  trips  of  inspection  to  all 
parts  of  the  county  to  determine  and  remove  causes  of  sickness. 
He  shall  visit  the  schools  of  the  county  and  make  such  inspec- 
tions of  surroundings,  premises  or  inmates  as  the  county  or 
state  boards  of  health  may  determine  are  necessary  to  protect 
the  public  from  communicable  diseases.  If  in  school  examina- 
tions of  children  for  defective  eyesight,  hearing,  diseased  ton- 
sils and  teeth  and  adenoids,  such  conditions  be  found  either  by 
himself  or  his  assistant,  a  confidential  report  in  writing  shall 
be  made  to  the  parent  or  guardian  of  such  child  or  children, 
'calling  attention  to  the  defect  or  disease  and  requesting  that 
such  condition  be  corrected. 

Section  27.  (§  2054a-14  Ky.  St.))  Analysis  of  Drinking 
Water  Used  by  School  Children  to  be  Made— Pure  Water  to  be 
Furnished — Condemnation  of  Unsanitary  School  Premises — 
Court  May  Require  Erection  of  Safe  and  Sanitary  Building. — 
The  health  officer  shall  make  a  physical,  chemical  and  bac- 
teriological examination,  of  the  drinking  water  used  by  school 
children,  and  if  dangerous  to  their  health  the  county  or  State 
Board  of  Health  may  order  that  a  supply  of  pure  water  be 
furnished  at  the  expense  of  the  county  or  city  board  of  educa- 
tion. If  in  the  opinion  of  such  board  the  premises  are  con- 
structed in  violation  of  the  law  and  are  found  to  be  unsanitary 
or  unsafe  for  the  housing  of  children,  the  local  or  State  Board 
of  Health  may  institute  an  action  in  the  circuit  court  of  the 
county  wjiere  the  building  is  situated,  and  the  court,  after  due 
hearing  and  verifying  of  the  facts,  may  order  .a  safe  and  sani- 
tary school  building  to  be  erected  within  a  reasonable  time  by 
the  county  or  city  board  of  education  in  accordance  with  the 
laws  of  this  Commonwealth  governing  the  erection  of  school- 
words  in  italics  supplied  by  Act  1922,  fixing  minimum  term  seven 
months. 

Warrants  for  a  school  teacher's  salary  governed  by  provisions  relating 
to  State  warrants  under  Sec.  4688a.  Adams  v.  Greene,  182  Ky.  504. 


GENERAL  PROVISIONS  19 

houses  and  the  control  of  disease,  and  the  rules  -and  regulations 
of  the  State  Board  of  Health.  (March  27,  1918,  C.  65,  p.  290.) 
Section  28. .  (§  4526a.  Ky.  St.)  White  and  Colored  not  to 
be  Taught  in  the  Same  College — Penalty. — That  it  shall  be  un- 
lawful for  any  person,  corporation  or  association  of  persons 
to  maintain  or  operate  any  college,  school  or  institution  where 
persons  of  the  white  and  negro  races  are  both  received  as  pupils 
for  instruction ;  and  any  person  or  corporation  who  shall'  oper- 
ate or  maintain  any  such  college,  school  or  institution  shall  be 
fined  one  thousand  dollars  ($1,000.00),  and  any  person  or  cor- 
poration who  may  be  convicted  of  violating  the  provisions  of 
this  Act  shall  be  fined  one  hundred  dollars  ($100.00)  for  each 
day  they  may  operate  said  school,  college  or  institution  after 
such  conviction. 

(2)  That  any  instructor  who  shall  teach  in  any  school, 
college  or  institution  where  members  of  said  two  races  are 
received  as  pupils  for  instruction  shall  be  guilty  of  operating 
and  maintaining  same  and  fined  as  provided  in  the  first  section 
hereof. 

(3)  It  shall  be  unlawful  for  any  white  person  to  attend 
any  school  or  institution  where  negroes  are  received  as  pupils 
or  receive  instruction,  and  it  shall  be  unlawful  for  any  negro 
or  colored  person  to  attend  any  school  or  institution  where 
white  persons  are  received  as  pupils  or  receive  instruction. 
Any  person  so  offending  shall  be  fined  fifty  dollars  ($50.00) 
for  each  day  he  attends  such  institution  or  school;  provided, 
that  the  provisions  of  this  law  shall  not  apply  to  any  penal 
institution  or  house  of  reform. 

(4)  Nothing  in  this  Act  shall  be  construed  to  prevent  any 
private  school,  college  or  institution  of  learning  from  main- 
taining a  separate  and  distinct  branch  thereof,  in  a  different 
locality,  not  less  than  twenty-five  miles  distant,  for  the  educa- 
tion exclusively  of  one  race  or  color.     (March  22,  1904,  C.  85, 
p.  181,  as  amended  March  18,  1916,  C.  24,  p.  162,  Sec.  210.) 

Sec.  4526a.  So  much  of  this  statute  as  imposes  punishment  for  operat- 
ing an  institution  of  learning-  in  which  white  and  colored  persons  may  be 
taught  at  the  same  time  and  in  the  same  place,  is  valid;  so  much  as  pro- 
hibits the  operation  by  any  institution  of  learning  of  separate  branches 
for  white  and  colored  persons  less  than  twenty-five  miles  distant  from 
each  other  is  void.  Berea  College  v.  Com.,  123  Ky.  209. 


20  KENTUCKY  SCHOOL  LAWS  1922 

Section  29.  (§  4435e  Ky.  St.)  Seminaries— Trustees— 
Appointment  of. — Whenever  the  number  of  the  trustees  of  any 
county  academy  or  seminary  heretofore  created  by  Act)  of  the 
General  Assembly  of  the  Commonwealth  of  Kentucky  has 
been  reduced  by  death,  resignation  or  otherwise,  to  less  than  a 
quorum,  the  county  court  of  the  county  for  which  such  academy 
or  seminary  "Was  created  shall  have  authority,  and  it  shall  be  its 
duty,  to  fill  said  vacancy  by  appointing  trustees  for  such  aca- 
demy or  seminary.  The  trustee  so  appointed  shall  have  the 
authority  heretofore  conferred,  or  that  may  hereafter  be  con- 
ferred, upon  trustees  of  such  academy  or  seminary. 

Section  29a.  (§  1258  Ky.  St.)  Injuring  Public  Building 
or  School  House. — If  any  person  wilfully  and  unlawfully  pull 
down  or  injure  a  church,  courthouse,  school  house  or  other  pub- 
lic building  he  shall  be  fined  not  less  than  five  nor  more  than 
five  thousand  dollars.  (See  further  3951-52.) 

(§  3951  Ky.  St.)  Trespass  or  Injury  to  Public  Property. 
— Any  person  for  trespass  on  or  injury  ,to  any  of  the  public 
property  of  the  Commonwealth,  or  of  a  county,  shall  be  liable 
to  be  indicted  and  fined,  at  the  discretion  of  a  jury,  in  addi- 
tion to  his  civil  liability.  The  net  proceeds  of  the  fine  for 
trespass  on  or  injury  to  the  public  property  of  the  State  shall 
be  paid  into  the  treasury,  and  reported  by  the  treasurer  to  the 
next  General  Assembly.  The  net  proceeds  of  the  fine  for  a 
trespass  on  the  public  property  of  a  county  shall  be  paid  to  the 
county  court  in  aid  of  the  county  levy.  (See  sections  1261 
and  1262.) 

(§  3952  Ky.  St.)  Trespass  or  Injury  to  School  or  Church 
Property— Penalty.— Like  remedy,  civil  and  penal,  shall  be 
given  to  the  trustees  of  any  college,  seminary,  school,  church, 
public  charity  or  house  of  public  worship  against  any  person 
for  any  injury  to  or  intrusion  on  the  buildings  or  grounds  or 
property  attached  thereto,  as  is  given  for  a  similar  injury  or 
intrusion  on  the  public  property  of  a  county.  The  net  pro- 
ceeds of  the  recovery  in  any  such  proceedure,  civil  or  penal, 
shall  be  paid  over  to  the  trustees  entitled  thereto.  A  civil 
action  for  such  injuries  shall  not  be  impeded  by  the  death, 

Former  conviction  for  the  offense  of 
let"  PSSSTcS±.r  W 


GENERAL  PROVISIONS  21 

resignation  or  removal  of  one  or  more  trustees,  but  the  same 
shall  progress  as  if  he  or  they  were  still  acting. 

Section  29b.  (§  1277a-4  Ky.  St.)  Prohibited  in  School 
Buildings  and  Grounds. — Every  person,  who  shall  smoke  or 
use  a  cigarette  or  cigarettes,  in  any  school  building  or  any 
building  or  such  parts  thereof  as  may  be  used  for  school  pur- 
poses, or  upon  school  grounds,  while  children  are  assembled 
there  for  lawful  purposes,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction,  shall  be  punished  for  each  offense  by  a 
fine  of  not  less  than  one  nor  more  than  five  dollars. 


Chapter  III. 

STATE    BOARD   OF   EDUCATION 

Sec.  30.    Board's  duty  and  powers.  Sec.  34.    Records  to  be  kept. 

Sec.  31.     High    school    certificates.  Sec.  34a.  Teacher's  salary  schedule. 

Sec.  32.    Course  of  study  for  com-  Sec.  34b.  Summer  training-  schools. 

mon  schools.  Sec.     34bl— Minimum      salary      o  f 

Sec.  33.    Validation  teacher's  certi-  Teachers. 

ficates. 

Section  30.  (§  4377  Ky.  St.)  Members  of  Board  a  Cor- 
porate Body. — The  Superintendent  of  Public  Instruction,  to- 
gether with  the  Secretary  of  State  and  Attorney  General,  shall 
constitute  the  State  Board  of  Education.  The  board  thus  con- 
stituted shall  be  a  body  politic  and  corporate  by  the  name  and 
style  of  the  Kentucky  State  Board  of  Education. 

(§  4378  Ky.  St.)  Property  Held  and  Disposed  of  for  the 
Benefit  of  Schools. — The  corporation  shall  take,  hold  and  dis- 
pose of  real  or  personal  estate  for  the  benefit  of  the  common 
schools  of  the  State.  The  bonds,  certificates  of  stock  and  other 
evidences  of  property  held  by  the  board  for  common  school  pur- 
poses shall  be  in  the  custody  of  the  chairman,  and  the  place  of 
deposit  shall  be  shown  by  the  records  of  the  board. 

(§  4379  Ky.  St.)  Superintendent  Chairman,  and  With  One 
Member  a  Quorum. — The  Superintendent  of  Public  Instruction 
shall  be  the  chairman  of  the  board,  and,  with  one  other  member 
may  control  its  corporate  action  at  any  regular  or  called  meet- 
ing of  the  board,  of  which  all  the  members  shall  have  had 
timely  notice  in  writing. 

Section  31.  (§  4380  Ky.  St.)  Meetings— <How  Called.— 
The  board  shall  meet  only  on  written  call  of  the  chairman. 

(§  4381  Ky.  St.)  Corporate  Acts.— The  corporate  acts  of 
the  board  shall  be  attested  by  the  signature  of  the  chairman, 
and  his  private  seal  shall  stand  in  lieu  of  a  corporate  seal. 

(§  4382  Ky.  St.)  Powers  and  Duties—Standing  Commit- 
tee.—The  State  Board  of  Education  shall  constitute  a  standing 
committee,  who  shall  prepare  rules,  by-laws  and  regulations 
for  the  government  of  the  common  schools  of  the  State,  which 
shall  be  adopted  and  enforced  under  the  authority  and  direc- 
tion of  the  county  superintendents,  trustees  and  teachers; 


STATE  BOARD  OF  EDUCATION 

shall  prescribe  regulations  for  the  management  of  county 
teachers'  libraries,  and  prepare  suitable  lists  of  books  for  sub- 
district  libraries  with  regulations  for  the  management  thereof ; 
shall  prescribe  and  publish  a  public  graded  course  of  study  for 
the  common  schools,  specifying  the  order  of  studies,  and  the 
time  to  be  alloted  to  each,  which  course  of  study  shall  be  ob- 
served by  the  teacher  and  enforced  by  the  trustees. 

Section  32.  (§  4383  Ky.  St.)  Course  of  Study.— The  in- 
struction prescribed  by  the  board  shall  embrace  spelling,  read- 
ing, writing,  arithmetic,  English  grammar,  English  composi- 
tion, gegra^hy,  physiology  and  hygiene,  civil  government, 
United  States  history,  and  the  history  of  Kentucky.  After 
July  1,  1893,  the  nature  and  effects  of  alcoholic  drings  and 
narcotics  upon  the  human  system  shall,  in  all  schools  supported 
wholly  or  in  part  by  the  State,  be  taught  as  thoroughly  as 
other  required  studies  to  all  pupils  studying  physiology  and 
hygiene  as  a  part  of  this  branch. 

Section  33.  (§  4502a  Ky.  St.)  State  Board  of  Education 
—High  School  Certificates  Granted  by.— That  the  State  Board 
of  Education  of  Kentucky  shall  have* power  to  determine  the 
qualifications  of  and  issue  certificates  to  teachers  to  teach  in 
the  public  high  schools  of  Kentucky,  through  the  State  Board 
of  Examiners,  on  such  examinations  as  may  be  held  under  such 
rules  and  regulations  as  the  State  Board  of  Education  may  pre- 
scribe for  said  State  Board  of  Examiners,  and  that  the  State 
Superintendent  of  Public  Instruction  may  validate  for  exten- 
sion during  a  term  of  years  the  certificate  of  any  person  hold- 
ing such  a  high  school  certificate  as  prescribed  by  sections  180, 
181,  182,  183  and  184  of  this  Act. 

(§  4502a-2  Ky.  St.)  Certificate  Valid  During  Good  Be- 
havior— State  Superintendent  May  Revoke. — (1)  The  valida- 
tion and  extension  of  the  said  certificate  may  be  made  during 
good  behavior  of  the  holder  on  condition  that  after  the  proper 
investigation  the  State  Board  of  Education,  may  in  their  judg- 
ment find  that  the  holder  of  said  certificate  has  attended  pro- 
fessional schools  and  improved  himself  in  the  arts  and  methods 
of  teaching  to  the  satisfaction  of  said  State  Board. 

(2)  The  State  Superintendent  shall  have  power  to  revoke 
at  any  time,  for  cause  any  such  certificate. 


24  .  KENTUCKY  SCHOOL  LAWS  1922 

(§  4502a-3.)  Higher  Institutions  in  State  or  Out  to  be 
Recognized — Standard  of  Work.— The  State  Board  of  Educa- 
tion miay,  on  the  application  of  an  institution  of  higher  learn- 
ing, whether  within  or  without  the  State,  that  is  not  conducted 
for  private  gain,  inspect  such  educational  institutions,  investi- 
gate their  work,  standards  and  courses  of  study,  and  in  its 
own  discretion,  grant  cretificates  to  the  graduates  of  such  in- 
stitutions, giving  them,  the  right  to  teach  in  the  high  schools 
of  Kentucky.  Such  certificates  shall  be  issued  upon  evidence 
furnished  by  the  applicant  for  the  work  and  attainments  ac- 
complished in  said  institutions.  No  such  certificates  shall  be 
given  for  any  work  done  in  such  institution  of  a  lower  amount 
or  standard  than  that  required  for  similar  certificates  issued 
by  the  State  Board  of  Examiners,  or  granted  to  the  students 
of  the  State  University  of  Kentucky  and  the  State  Normal 
Schools  of  Kentucky. 

The  State  Board  of  Education  may  grant  certificates  to 
teach  in  the  high  schools  of  the  State  to  graduates  of  standard 
colleges  of  agriculture  either  within  or  without  the  State  who 
have  had  one-tenth  of  their  work  in  education,  which  certificate 
shall  be  valid  for  four  years  and  renewable  at  the  option  of  the 
State  Board  of  Education.  Applicants  for  this  certificate  may 
present  a  satisfactory  equivalent  for  the  requirements  herein 
set  forth.  Cross  reference.  (See  further  Sec.  4535c-l  et.  seq.) 

(§  4502a-4  Ky.  St.)  Teachers'  Certificates  in  Other  States 
Recognised.— The  State  Board  of  Education  shall  have  the 
power  to  recognize  and  validate  teachers'  certificates  of  other 
states  which  shall  not  be  of  a  lower  standard  than  the  State 
certificate  of  Kentucky,  and  they  shall  have  power  to  approve 
or  disapprove  such  certificate  of  qualification  as  may  be  recog- 
nized by  County  Superintendents  and  County  Boards  of 
Education  in  this  State.  (See  Sees.  177,  187.)  (4502a-5.— 
Repealed  March  22,  1920,  C.  39,  p.  172.) 

(§  4502a-6  Ky.  St.)  Teachers  of  Twenty  Years'  Exper- 
ience.—The  State  Board  of  Education,  in  their  discretion,  shall 
bave  the  power  to  extend  for  life,  teachers'  certificates  of  such 
teachers  who  have  had  as  many  as  twenty  years  of  successful 
experience  teaching  in  the  common  schools  of  this  State,  pro- 


STATE  BOARD  OF  EDUCATION  25 

vided  that  no  such  certificate  shall  be  of  a  lower  class  than  the 
first  class.  (Sec.  4503  Repealed  March  22,  1920,  C.  39,  p.  172.) 
(<§  4503a-l  Ky.  St.)  County  Certificates,— (1)  County  cer- 
tificates shall  be  first  class  and  second  class,  and  shall  be  valid 
for  four  years  and  two  years  respectively. 

(2)  No  county  certificate  shall  be  valid  in  any  county 
other  than  the  one  in  which  it  is  issued,  except  that  in  cases  of 
emergency  a  first  class  certificate  issued  in  one  county  may  be 
validated  in  another  county  by  the  County  Board  of  Examiners 
for  a  period  of  one  year. 

(3)  No  certificate  of  the  second  class  shall  entitle  the 
holder  to  teach  in  any  school  or  district  reporting  seventy-five 
or  more  pupil  children. 

(4)  A  county  certificate  of  the  first  class  shall  require  an 
average  grade  of  eighty-five  per  centum  upon  all  the  subjects 
in  the  common  school  course  and  upon  the  science  and  art  of 
teaching,  and  the  lowest  grade  on  any  subject  shall  not  be  less 
than  sixty-five  per  centum. 

(5)  A  county  certificate  of  the  second  class  shall  require 
an  average  grade  of  seventy-five  per  centum  and  the  lowest 
grade  on  any  subject  shall  be  not  less  than  sixty  per  centum. 

(6)  If  at  any  time  the  holder  of  a  county  certificate  shall 
be  found  incompetent,  inefficient,  immoral  or  otherwise  un- 
worthy to  be  a  teacher,  the  County  Superintendent  shall  re- 
voke the  certificate  of  such  person ;  and  no  teacher  whose  cer- 
tificate has  been  revoked  shall  be  entitled  to  receive  payment 
for  services  only  up  to  the  time  of  revocation. 

.  (7)  No  person  shall  be  entitled  to  receive  a  county  certi- 
ficate of  either  class  who  was  not  eighteen  years  of  age  prior  to 
the  date  of  the  examination. 

(8)  Nothing  in  this  ac,t  shall  be  construed  to  require  any 
teacher  now  holding  a  State  diploma,  State  teacher's  certifi- 
cate or  county  certificate  to  be  re-examined  until  the  expiration 
of  said  certificate. 

(9)  A  person  having  taught  for  eight  consecutive  years 
in  the  same  county  under  first  class  certificates  may  have  the 
last  one  renewed  for  a  period  of  four  years  by  the  County 
Superintendent,  who  shall  write  upon  it  "renewed,"  signed 
officially  and  give  the  date  of  such  renewal.     When  a  cer- 


26  KENTUCKY  SCHOOL  LAWS  1922 

tificate  has  been  renewed  one  time  the  teacher  shall  again 
receive  two  first  class  certificates  as  stated  above  before  it  can 
be  renewed  a  second  time.  (See  Sees.  74  and  183  notes.) 

(§  4503a-2.)  State  Board  to  Validate  Foreign  Certificates. 
—The  State  Board  of  Education  of  Kentucky  is  hereby  author- 
ized to  inspect  and  validate  for  Kentucky  State  diplomas  and 
State  certificates  of  other  states  on  the  reciprocity  plan. 

Section  34.  (§  4504  Ky.  St.)  Record  to  be  Kept  by 
Teachers — Facts  to  be  Recorded  in. —  (1)  It  shall  be  the  duty 
of  each  teacher  "of  a  common  school  to  keep  such  register  of 
the  school  as  the  State  Superintendent  may  require  of  him  011 
forms  furnish  to  him  as  needed,  through  the  County  Superin- 
tendent. The  teacher's  register  shall  be  the  property  of  the  sub- 
district;  shall  be  systematically  graded  for  at  least  four  years' 
work;  shall  be  well  preserved,  without  mutilation  or  useless 
marking ;  shall  be  in  the  care  of  the  teacher  during  the  school 
term,  and  at  the  close  thereof,  shall  be  delivered  to  the  sub- 
district  trustee,  who  shall  be  responsible  for  it,  and  deliver  it 
to  the  teacher  at  the  opening  of  the  next  school  term,  and  it 
shall  be  open  at  all  times  to  the  inspection  of  the  trustees  and 
the  County  Superintendent.  The  section  allotted  to  each  year 
shall  be  divided  into  two  parts,  designated  as  monthly  sum- 
mary and  term  summary.  The  monthly  summary  shall  show 
the  day  of  the  week  and  day  of  the  month  upon  which  the  term 
began;  the  day  of  the  week  and  of  the  month  of  each  day 
taught ;  the  number  of  pupils  enrolled ;  the  number  in  attend- 
ance each  day;  the  name,  sex  and  weekly  standing  of  each 
pupil  in  each  subject,  and  such  other  facts  as  the  Superintend- 
ent of  Public  Instruction  may  desire. 

This  section  has  been  modified  if  not  repealed  by  sections  4501a-5.  County 
board  of  examiners  now  have  no  authority  to  issue  county  certificates. 
County  certificates  are  no  longer  valid.  Elementary  certificates  are  is- 
sued by  the  State  Board.— Ed. 

A  holder  of  a  third  class  certificate  not  entitled  to  teach  as  an  assistant 
in  district  reporting-  fifty-five  or  more  pupil  children.  Flanary,  etc.  v. 
Barrett,  146  Ky.  712. 

Unquestionably  under  our  statutes  the  county  board  of  examiners  have 
discretionary  powers  in  granting-  or  withholding  teachers'  certificates  upon 
the  question  of  moral  fitness  of  the  applicant,  and  unless  they  act  arbi- 
trarily and  in  abuse  of  their  discretion  mandamus  will  not  lie.  Crawford 
v.  Lewis,  etc.,  170  Ky.  589. 

OPINION  OP  THE  ATTORNEY  GENERAL 

If  a  teacher  has  taught  in  the  same  county  for  eight  consecutive  years, 
under  first  class  certificate,  he  may  have  the  last  of  such  certificates  re- 
newed each  year  for  four  years,  but  no  longer  than  that. 


STATE  BOARD  OF  EDUCATION  27 

(2)  On  the  last  day  of  each  month  taught,  the  teachers 
shall  sum  up  and  place  at  the  end  of  the  record  for  the  month 
the  facts  herein  required  to  be  kept,  with  the  day  of  the  week 
and  month  on  which  school  month  closed;  the  highest  and 
lowest  number  of  pupil  children  in  attendance  and  the  aver- 
age percentage   of  the   attendance   of  the  whole  number  of 
children  in  the  district. 

(3)  The  term  summary  shall  show  the  monthly  statement 
made  at  the  end  of  each  month,  the  percentage  of  the  enroll- 
ment of  the  whole  number  of  pupil  children  in  the  district,  the 
highest,  lowest  and  average  number  of  children  in  attendance, 
the  average  percentage  of  the  children  in  attendance,  the  num- 
ber of  pupils  in  each  class,  the  name  of  the  text-book  used  in 
each  class,  the  point  reached  by  each  pupil  in  each  book  at  the 
close  of  the  term,  the  names  of  all  the  pupils  that  should  be  ad- 
vanced,   the    class    of   the   teacher's    certificate,    his    average 
monthly  salary,  and  such  other  facts  as  may  be  required  in 
the  register. 

(§  4505  Ky.  St.)  Reports  by  Teachers — Blanks  Furnished 
— (Duty  of  Chairman,  Subdistrict  Trustee  and  Teacher — 
Penalty. —  (1)  The  Superintendent  of  Public  Instruction  shall 
provide  for  each  teacher  a  blank  monthly  report  for  each  month 
to  be  taught,  and  also  a  blank  term  report.  At  the  end  of  each 
month  taught  the  teacher  shall  fill  the  monthly  report  of  that 
month  from  the  facts  summed  up  in  the  monthly  summary  of 
tke  register,  and  shall  present  the  monthly  report  to  the  sub- 
district  trustee,  who  shall  carefully  examine  it,  and  if  found 
correct  he  shall  fill  out  and  sign  a  certificate  attached  to  the 
monthly  report,  certifying  that  the  month  has  been  legally 
taught;  and  upon  the  chairman  of  the  division  board's  certi- 
ficate the  teacher  shall  draw  his  salary  from  the  County  Super- 
intendent for  the  month  so  certified,  after  the  monthly  report 
has  been  duly  delivered  to  the  County  Superintendent. 

(2)  Within  ten  days  after  the  close  of  the  last  month  of 
the  term,  the  teacher  shall  make  out  the  term  report  from  the 
term  summary  in  the  register;  shall  present  the  term  report, 
the  last  monthly  report  and  the  teacher's  register  to  the  sub- 
district  trustee,  who  shall  carefully  inspect  them  and  approve 
the  reports,  if  correct.  Said  term  report  shall  then  be  pre- 


28  KENTUCKY  SCHOOL  LAWS  1922 

* 

sented  to  the  chairman  of  the  division  board;  and,  if  found 
correct,  he  shall  sign  a  certificate  attached  to  said  term  report, 
which  shall  then  be  delivered  to  the  County  Superintendent. 

(3)  Nothing  herein  shall  be  construed  to  prevent  a  sub- 
district  trustee  or  a  chairman  of  the  division  board  from  certi- 
fying to,  or  a  County  Superintendent  from  paying  for,  a  frac- 
tion of  a  month  in  any  case  in  which  the  teacher,  from  sickness 
or  other  disability  shall  be  unable  to  continue  the  school. 

(4)  Any  teacher  who  shall  make  a  false  monthly  or  term 
report,  or  any  subdistrict  trustee  or  chairman  of  a  division 
board  who  shall  give  a  certificate  of  a  month  or  months  taught 
before  he  has  carefully  examined  and  approved  the  report  of 
each  month,  or  any  County  Superintendent  who  shall  make  a 
payment  upon  a  teacher 's  salary,  except  upon  the  certificate 
of  the  subdistrict  trustee  and  chairman  of  the  division  board 
shall  be  guilty  of  a  misdemenor,  and,  on  conviction,  be  fined 
fifty  dollars  for  each  offense. 

(<§>  4506  Ky.  St.)  Teachers— Duties— Removal  by  Super- 
intendent— Power  Over  Pupils — Appeal. — (1)  The  teacher  shall 
faithfully  enforce  in  school  the  course  of  study,  the  use  of  the 
text-books  adopted  in  the  county,  and  the  regulations  pre- 
scribed in  pursuance  of  law;  and  if  any  teacher  shall  wilfully 
refuse  or  neglect  to  comply  with  such  regulations,  the  division 
board  may  remove  him,  at  any  time,  subject  to  the  approval 
of  the  County  Superintendent ;  and  in  case  of  such  dismissal  or 
.removal,  the  said  teacher  shall  receive  payment  only  for  the 
time  taught. 

(2)  The  teacher  is  authorized  and  directed  to  hold  each 
pupil  to  a  strict  accountability  for  any  disorderly  conduct  on 
the  playground,  or  during  any  intermission  or  recess,  or  on 
the  road  to  and  from  school;  and  for  good  cause  he  may  sus- 
pend any  pupil ;  but  such  suspension  shall  be  immediately  re- 
ported, in  writing,  to  the  subdistrict  trustee.     In  cases  of  sus- 
pension, the  action  of  the  teacher  shall  be  final  unless  reversed 
by  the  trustee.     Either  party  may  appeal  from  the  decision  of 
the  subdistrict  trustee  to  the  County  Superintendent,  whose 
decision  shall  be  final. 

(3)  But  no  teacher  shall  be  required  or  under  any  obliga- 
tion to  teach  any  other  than  the  common  branches  prescribed 


STATE  BOARD  OP  EDUCATION  29 

by  the  State  Board  of  Education  in  the  common  schools,  unless 
it  shall  be  so  specified  in  a  written  contract  with  the  division 
board. 

Section  34a.  (§  4434a-4  Ky.  St.)  Method  of  Fixing 
Salaries.— All  salaries  of  subdistrict  teachers  shall  be  based  on, 
and  regulated  by  the  qualification  of  the  teacher  and  the  num- 
ber of  children  actually  in  attendance  in  proportion  to  the  num- 
ber enrolled  in  the  school  census  for  the  district,  graduated  in 
accordance  with,  and  in  conformity  to,  such  rules  and  regula- 
tions governing  same  as  shall  be  hereafter  prescribed  by  the 
State  Board  of  Education. 

(§  34b.)  Teacher's  Summer  Training  Schools — Institutes 
Abolished.— That  sections  4507,  4508,  4509,  4510,  4511,  4512, 
4513,  4514,  4515,  4516,  4517,  of  the  Kentucky  Statutes,  Carroll's 
Edition,  1918,  be  and  the  same  are  hereby  repealed,  and  there 
is  enacted  in  lieu  thereof  the  following : 

The  State  Board  of  Education  is  hereby  authorized  and 
empowered  to  establish  and  cause  to  be  held  and  conducted  in 
each  county  of  this  Commonwealth  a  summer  teacher  training 
school,  such  school  to  be  conducted  in  a  central  place,  perfer- 
ably  the  county  seat,  and  which  school  shall  be  taught  for  a 
term  of  not  less  than  six  weeks,  under  such  rules  and  regula- 
tions as  the  State  Board  of  Education  may  provide.  It  shall 
be  the  duty  of  the  County  Board  of  Education  and  the  Board 
of  Education  of  any  municipal  or  independent  school  taught  in 
any  such  county  seat  to  provide  a  suitable  room  or  rooms  in 
which  such  training  school  can  be  conducted,  and  to  provide 
for  the  care  of  such  room  free  of  any  cost  to  the  State  Board  of 
Education. 

The  State  Board  of  Education  is  further  authorized  and 
empowered  to  establish  a  teacher  training  department  in  high 
schools  wherever,  and  whenever,  such  departments  are  practi- 
cable. 

For  unlawful  dismissal  a  teacher  may  maintain  an  action  for  damages 
against  the  County  Board  of  Education,  but  the  extent  of  the  liability  is 
the  amount  of  salary  due  under  the  contract  and  where  on  an  appeal  to  the 
Court  of  Appeals  the  amount  due  is  only  $132.50  the  appeal  will  be  dismissed. 

Educational  division  of  a  district  not  being-  incorporated,  can  not  be 
sued,  but  the  trustees  of  such  division  may  be  sued. 

The  County  Board  of  Education  and  the  trustee  of  a  school  may  not 
be  joined  as  parties  defendant.  Mock  v.  County  Board,  etc.,  145  Ky.  715. 

Under  this  section  a  teacher  is  not  required  to  teach  higher  branches 
without  a  special  contract  and  receive  tuition  from  the  pupils  studying 
same,  Mayor  v.  Cayse,  etc.,  98  Ky.  357. 


30  KENTUCKY  SCHOOL  LAWS  1922 

It  is  further  provided  that  all  teachers  of  the  county,  in- 
cluding the  city,  graded  or  other  independent  districts,  shall 
have  the  privilege  of  attending  such  training  schools  free  of 
tuition. 

There  is  hereby  appropriated  o-ut  of  the  general  funds  of 
the  State,  the  sum  of  fifty  thousand  dollars  per  annum  to  the 
State  Board  of  Education  for  the  purpose  of  meeting  the  cost 
incident  to  the  organization,  operation  and  management  of 
such  summer  teacher  training  schools  and  to  enable  it  to  em- 
ploy competent  teachers  and  directors  thereof.  The  Auditor 
of  the  Commonwealth  is  hereby  directed  to  draw  his  warrant 
for  said  sum  annually  upon  requisition  signed  by  the  chairman 
and  secretary  of  the  State  Board  of  Education. 

All  laws  and  parts  of  laws  in  conflict  with  the  provisions 
of  this  Act  are  hereby  repealed.  (Acts  of  March,  1922.) 

Section  34b-l.    (§  4434a-14a.)    Minimum  Teacher's  Salar- 
ies— Tax  Levy  to  Pay. — No  teacher  regularly  employed  in  pub- 
lic schools  of  the  Comirionwealth    of    Kentucky,    outside  of 
graded  school  districts  and  incorporated    cities    and    towns 
maintaining  a  separate  school  system,  shall,  except  as  herein 
provided,  receive  a  salary  of  less  than    seventy-five    dollars 
($75.00)  per  month;  and  for  the  purpose  of  supplementing  the 
state  fund  so  as  to  meet  the  requirements  of  this  act,  it  shall 
be  the  duty  of  each  county  board  of  education  to  request,  and 
of  the  fiscal  court  to  levy,  a  minimum  tax  of  twenty-five  cents 
(25c)  on  each  one  hundred  dollars  ($100.00)  of  taxable  prop- 
erty in  the  territory  affected  by  this  act;  and  the  tax  so  col- 
lected, or  so  much  thereof  as  may  be  necessary,  shall  be  de- 
voted first  to  the  payment  of  said  minimum  salary  of  seventy- 
five  dollars  ($75.00)   per  month.    In  the  event  the  said  min 
imum  levy  of  twenty-five  cents  (25c)  together  with  the  funds 
received  from  the  state  for  paying  teachers'   salaries  will  not 
provide  sufficient  funds  for  the  payment  of  said  minimum  sal- 
ary of  seventy-five  dollars  ($75)  per  month,  said  county  board 
may  levy  a  higher  rate  to  raise  such  funds  as  may  be  neces- 
sary to  meet  said  minimum    salary    of    seventy-five     dollars 
($75.00)  per  month,  or  may  fix  a  minimum  salary  at  such  a  sum 
per  month  as  the  state  fund,  when  supplemented  by  the  entire 
twenty-five  cent  (25c)  levy  may  pay.  (March  5,  1920,  c.  6,  p.  8. 


Chapter  IV. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

Sec.  35.    Qualifications    and    bond.  Sec.  41.  School    law    to    issue    bi- 

Sec.  36.    Powers  and  duties.  ennially. 

Sec.  37.    Duty  to  visit  schools.  Sec.  42.  To   digest   decisions. 

Sec.  38.     State  Board  of  Examiners.  Sec.  43.  Gifts  or  bequests  to 

Sec.  39.    Reports     to     General   As-  schools. 

sembly.  Sec.  44.  Duty    to    turn    over    rec- 

Sec.  40.    Annual  reports  to  be  filed  ords,  etc. 

with.  Sec.  45.  Inspector   and   Examiner; 

duties  and  salary. 

Section  35.  (§  4384  Ky.  St.)  Oath— Bond— Beginning  of 
Term. — The  Superintendent  of  Public  Instruction  shall  take 
the  oath  and  enter  upon  the  duties  of  his  office,  on  the  first 
Monday  in  January  after  his  election,  and  shall  give  bond  to 
the  Commonwealth,  with  good  security,  for  the  faithful  per- 
formance of  his  duties  to  be  approved  by  the  Governor,  with  at 
least  twenty-five  thousand  dollars,  the  bond  to  be  filed  in  the 
office  of  the  Secretary  of  State. 

Section  36.  (§  4385.)  Salary— Office  Supplies— Clerks 
and  Stenographers — Salaries. — The  Superintendent  of  Public 
Instruction  shall  receive  a  salary  of  twenty-five  hundred  dol- 
lars ($2,500.00)  and  the  additional  amount  he  receives  as  chief 
inspector  and  examiner  of  schools,  per  annum,  besides  which 
he  shall  be  entitled  to  all  office  fixtures  and  stationery,  of  his 
office,  and  traveling  expenses  incurrd  in  the  necessary  and 
proper  performance  of  his  duties.  The  Superintendent  of 
Public  Instruction  shall  have  power  to  appoint  for  his  depart- 
ment such  clerks  and  stenographers  as  may  be  needed,  who 
shall  serve  for  the  term  for  which  he  isx  elected,  unless  sooner 
removed  by  him.  They  shall  perform  such  duties  as  otherwise 
provided  by  law  as  may  be  assigned  them  by  the  superintend- 
ent of  public  instruction  for  the  futherance  of  the  discharge  of 
his  duties. 

The  salary  paid  to  each  clerk  and  to  each  stenographer 
shall  be  determined  by  the  State  Superintendent  of  Public  In- 
struction, and  such  salary  or  salaries  shall  be  paid  monthly  out 
of  the  school  fund  by  the  state  treasurer,  provided  that  not 
more  than  eleven  thousand  dollars  ($11,000.00)  is  to  be  used 
annually  for  the  payment  of  salaries  of  such  clerks  and  steno- 
graphers. (Act  March '23,  1920,  C.  71,  p.  333,  section  2.) 


32  KENTUCKY  SCHOOL  LAWS  1922 

Section  37.  (§  4385  Ky.  St.)  Expenses  Paid  Not  Exceed- 
ing $500. — The  Superintendent  of  Public  Instruction  should 
visit  various  portions  of  the  State  in  the  interest  of  the  com- 
mon schools.  The  necessary  expenses  thus  incurred  by  the 
State  Superintendent,  not  to  exceed  in  all  five  hundred  dollars 
annually  while  engaged  in  such  work,  shall  be  paid  by  the 
Treasurer  and  charged  to  the  common  school  fund;  and  that 
the  Superintendent  is  hereby  authorized  to  make  monthly  re- 
quisitions on  the  Auditor  for  such  expenses,  and  that  he  render 
an  itemized  account  of  the  same. 

Section  38.  (§  4386  Ky.  St.)  State  Board  of  Examiners 
— Duties  of. — The  Superintendent  of  Public  Instruction  shall 
appoint  two  professional  educators,  who,  together  with  him- 
self, shall  constitute  a  State  Board  of  Examiners,  who  shall 
examine  all  applicants,  personally  applying  to  them  for  certi- 
ficates of  qualifications  as  county  superintendents  or  for  State 
diplomas  or  State  certificates.  The  said  Board-of  Examiners 
shall  prepare  the  series  of  questions  for  the  examination  of 
candidates  for  county  superintendents,  as  provided  in  Section 
4501a-4,  Ky.  St.,  and  also  the  different  series  of  questions  for 
the  examination  of  teachers  as  provided  in  Section  4501a-4, 
Ky.  Statutes,  and  before  forwarding  to  the  county  superin- 
tendent shall  submit  all  of  the  gaid  series  to  the  State  Board  of 
Education  for  their  approval. 

Section  39.  (§  4387  Ky.  St.)  Office  at  Seat  of  Govern- 
ment-Entire Time  to  be  Devoted  to  Duties.— .He  shall  keep  his 
office  at  the  seat  of  government  in  such  suitable  buildings  as 
may  be  provided,  and  shall  devote  his  entire  time  and  atten- 
tion to  the  duties  of  his  office. 

(§  4388  Ky.  St.)  Accounts — Settlements — Changes  in 
County  Superintendent. — He  shall  keep  an  account  of  all  the 
orders  drawn  or  countersigned  by  him  on  the  Auditor;  of  all 
the  returns  of  settlements  and  of  all  changes  in  the  office  of 
county  superintendents,  which  shall  be  furnished  to  the  Audi- 
tor whenever  required. 

Sec  4386.  By  act  of  March  8,  1912  (S.  A.,  p.  91),  inspection  of  schools 
and  school  funds  is  provided  for;  for  special  duties  thereunder  the  salary 
of  the  Superintendent  of  Public  Instruction  is  increased;  assistants  are 
Drovided  for  and  the  efficiency  of  the  Department  of  Education  is  in- 
creased. The  act  contains  penalties. 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION  33 

(§  4389  Ky.  St.)  Report  of  Condition  and  Prospects  of 
Schools — Printing  and  Distribution. — He  shall  biennally,  on  or 
before  the  meeting  of  the  General  Assembly,  make  report  of 
the  condition,  progress  and  prospects  of  the  common  schools; 
the  amount  and  condition  of  the  school  fund ;  how  its  revenue 
for  the  two  previous  school  years  has  been  distributed;  tbe 
amount  produced  and  disbursed  for  common  school  purposes 
from  local  taxation  or  other  sources  and  how  and  for  what  the 
same  was  expended ;  an  abstract  of  the  county  superintendents' 
reports,  the  practicable  working  of  the  common  school  system' 
of  the  State,  with  suggestions  as  to  any  alterations  it  may  re- 
quire; all  of  which,  together  with  such  other  facts, 'statistics, 
and  information  as  may  be  deemed  of  interest  to  be  known, 
he  shall  deliver  to  the  contractor  for  public  printing,  and  cause 
to  be  printed  a  copy  for  each  school  district  and  for  each  county 
and  city  superintendent  of  schools  in  the  State,  seven  hundred 
and  fifty  copies  for  the  use  of  the  members  of  the  General  As- 
sembly and  for  exchange  with  the  Superintendents  of  Public 
Instruction  of  other  States  and  five  hundred  copies  for  distri- 
bution by  the  Superintendent,  according  to  his  discretion. 

Section  40.  (§  4390  Ky.  St.)  Blind,  Deaf,  Dumb  and 
Feeble-Minded  Institutions — Reports  Concerning".— The  Super- 
intendent in  his  report  shall  set  forth  the  objects,  methods  of 
admission  and  other  general  information  concerning  the  insti- 
tutions for  the  blind,  the  deaf  and  dumb,  and  the  Feeble- 
minded; and,  to  aid  him  in  his  work,  the  superintendents  of 
these  institutions  shall  be  required  annually,  by  the  first  day  of 
September,  to  furnish  the  Superintendent  of  Public  Instruction 
with  such  condensed  statement  of  their  respective  institutions 
as  it  would  be  profitable  to  publish. 

(§  4390a  Ky.  St.)  It  shall  be  the  duty  of  all  educational 
institutions  and  county  superintendents  receiving  aid  from  tiie 
State  of  Kentucky  to  make  a  report  to  the  State  Department  of 
Education  at  the  close  of  each  scholastic  year,  showing  in  de- 
tail all  funds  received  from  the  State  of  Kentucky,  and  from 
all  other  sources,  during  such  year,  and  a  detailed  statement 
of  all  expenditures  for  the  year. 

All  laws  or  parts  of  laws  in  conflict  herewith  are  hereby 
repealed.  (Act  of  March,  1922.) 


S.  L.— 2 


34  KENTUCKY  SCHOOL  LAWS  1922 

(§  4391  Ky.  St.)  Copies  of  Records  in  Office  Evidence.— 
Copies  of  records  and  papers  in  his  office  certified  by  him  shall 
in  all  cases  be  evidence  equally  with  the  originals. 

Section  41.  (§  4392  Ky.  St.)  Blanks—  Documents  to  be 
Prepared  and  Furnished. — He  shall  prepare  suitable  blanks  for 
reports,  registers,  certificates,  notices,  and  such  other  official 
documents  as  ma}T  be  provided  for  in  this  chapter  and  shall 
cause  the  same  with  such  instructions  and  information  as  he 
may  deem  necessary  to  a  proper  understanding  and  use  of  them, 
to  be  transmitted  to  the  officers  and  persons  intrusted  with  the 
execution  of  the  provisions  of  the  school  law. 

(§  4393  Ky.  St.)  School  Laws  to  be  Biennially  Arranged 
and  Edited.— The  Superintendent  of  Public  Instruction  shall 
biennially  collect,  arrange  for  publication  and  index  the  school 
laws,  omitting'  all  that  has  been  repealed  and  inserting  in  its 
proper  place  that  which  is  amendatory. 

(§  4394  Ky.  St.)  County  Superintendent  or  Trustee — 
Neglect  to  be  Reported— Duty  of  County  Attorney.— It  shall  be 
his  duty  to  report  any  neglect  of  duty,  or  any  misappropria- 
tions of  common  school  funds  on  the  part  of  the  county  super- 
intendent or  trustees  of  common  schools  in  this  Commonwealth 
to  the  county  attorney,  whose  duty  it  shall  be,  whenever  such 
neglect  of  duty  or  misappropriation  of  funds  shall  come  to  his 
knowledge,  to  prosecute  such  person  in  the  circuit  court  of  the 
county. 

Section  42.  (§  4395  Ky.  St.)  Publication  and  Distribu- 
tion of  School  Laws  and  Decisions. — He  shall  have  published 
for  biennial  distribution  throughout  the  State,  the  general 
school  laws  of  the  State,  abstracts  of  the  decisions  of  the  Ap- 
pellate Courts  and  of  the  Attorney  General  on  points  of  school 
law  and  construction  thereof,  decisions,  rules,  and  regulations 
of  the  State  Board  of  Education  and  of  the  State  Board  of 
Examiners,  plans  and  specifications  for  building  school  houses; 
information  and  instructions  in  regard  to  application  of  the 
school  law  and  the  management  of  the  common  schools,  im- 
portant official  and  legal  periods  of  the  school  year,  with  due 
notice  thereof ;  and  such  other  important  facts  and  data  as  may 
be  of  interest  to  the  public. 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION  35 

(§  4396  Ky.  St.)  Decisions  of  Questions— Appeal— Opin- 
ion of  Attorney  General.— «The,  Superintendent  of  Public  In- 
struction shall,  at  the  written  request  of  any  county  superin- 
tendent  of  common  schools,  decide  any  question  of  difference 
or  doubt  touching  the  administrative  duties  of  officers  and 
teachers  of  the  common  schools  in  his  county.  The  decision 
of  the  Superintendent  of  Public  Instruction  shall  in  such  cases 
be  final  unless  appeal  be  prosecuted  from  his  decision  to  the 
State  Board  of  Education  within  thirty  days.  Before  render- 
ing such  opinion,  the  superintendent  may  obtain  the  advice  of 
the  Attorney  General,  whose  opinion  in  writing,  shall  be  con- 
clusive for  the  time,  and  sufficient  defense  against  all  parties. 
The  decisions  of  the  Superintendent  of  Public  Instruction,  and 
the  opinion  of  the  Attorney  General,  shall  be  duly  filed  and 
duly  recorded  in  the  book  kept  for  the  purpose. 

Section  43.  (§  4397  Ky.  St.)  Gift  or  Devise  to  School 
Fund — Appointment  of  Agent  to  Take  Charge  of — Powers  and 
Duties. — Whenever  he  shall  be  informed  that  any  donation,  gift 
or  devise  of  any  real  or  personal  estate  shall  have  been  made 
to  the  common  school  fund  of  Kentucky,  it  shall  be  the  duty  of 
the  Superintendent  of  Public  Instruction  to  appoint  some  dis- 
creet person,  who  shall  take  charge  of  the  real  or  personal 
estate  so  granted,  devised  or  donated  and  sell  and  dispose  of 
e  same,  and  pay  the  proceeds  into  the  S'tate  Treasury.  Be- 
re  said  agent  so  appointed  by  the  Superintendent  of  Public 
Instruction  shall  proceed  to  act  he  shall  give  a  bond,  with  good 
security,  to  the  Commonwealth,  for  the  faithful  discharge  of 
his  duties  as  agent.  Said  bond  shall  be  given  in  the  county  in 
which  the  donor,  grantor,  or  devisor  shall  have  died,  or  in  the 
county  in  which  the  property  is  situated;  the  bond  shall  be 
executed  in,  and  approved  by  the  county  court.  The  person  so 
appointed  shall  make  a  settlement  with  the  county  court  of  his 
county,  once  in  each  year,  and  shall  pay  into  the  treasury  the 
amount  found  in  his  hands  after  said  settlement.  The  court 
shall  allow  said  person  a  reasonable  compensation  for  collect- 
ing and  paying  over  said  money,  not  exceeding  ten  per  cent, 
on  the  first  five  hundred  dollars,  and  five  per  cent,  on  the  resi- 

No  appeal  lies  to  the  Superintendent  of  Public  Instruction  from  an 
order  of  the  county  superintendent  under  section  4436  recognizing  a  trustee 
pending-  a  dispute.  Patrick  v.  Fletcher,  149  Ky.  193,  148  S.  W.  16. 


2 

T~ 


36  KENTUCKY  SCHOOL  LAWS  1922 

due,  which  amount  said  person  shall  retain  in  his  hands  out  of 
the  money  collected.  For  any  failure  of  the  person  so  appoint- 
ed to  discharge  the  duties  under  this  law,  he  and  his  securities 
shall  be  liable  to  all  damages  sustained,  and  for  all  money 
collected,  with  twenty  percent,  damages  on  the  amount  so  col- 
lected, and  which  he  has  failed  to  pay  over.  The  suit  on  the 
bond  shall  be  brought  in  the  name  of  the  Commonwealth's  At- 
torney or  County  Attorney.  The  person  appointed  by  the 
Superintendent  of  Public  Instruction  shall  have  the  same 
power  in  collecting  and  settling  the  estate  as  an  administrator 
or  executor  now  has  by  law,  may  institute  and  defend  all  suits 
in  reference  to  said  estate,  and  sell  and  convey  the  real  estate 
by  deed.  The  amount  of  money  paid  into  the  treasury  under 
the  provisions  of  this  section  shall  remain  there  until  disposed 
of  by  law,  and  the  treasurer  and  his  sureties  shall  be  liable  for 
the  same  on  his  official  bond.  This  section  shall  apply  to  all 
gifts,  donations  or  devises  heretofore  or  hereafter  made  to  the 
school  fund  of  Kentucky.  But  the  provisions  of  this  section 
shall  not  apply  to  cases  where  the  terms  or  conditions  of  the 
devises,  gifts  or  donations  conflict  with  said  provisions ;  but,  in 
such  cases,  the  terms  or  conditions  of  the  devise,  grant  or  dona- 
tion shall  be  carried  out  as  intended  by  the  person  making  the 
same. 

Section  44.  (§  4398  Ky.  St.)  Books  and  Papers  to  be  De- 
livered to  Successor— Penalty.— Upon  retiring  from  office,  the 
Superintendent  of  Public  Instruction  shall  deliver  to  his  suc- 
cessor all  books,  papers  and  effects  belonging  to  the  office,  and 
on  failure  to  do  so  shall  be  fined  in  a  sum  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars,  to  be  recovered  by  in- 
dictment in  the  Franklin  Circuit  Court. 

Section  45.  (§  4398a-l  Ky.  St.)  State  Superintendent  to 
Act  as  State  Inspector  and  Examiner  of  Schools — Salary — As- 
sistants—Power— Duties.— The  State  Superintendent  of  Public 
Instruction  be,  and  is  here'by,  authorized  to  act  as  Special  State 
Inspector  and  Examiner  of  all  schools  in  cities,  towns  and 
counties  in  the  Commonwealth,  receiving  funds  directly  or  in- 
directly from  the  State  or  said  cities,  towns  and  counties.  The 
State  Superintendent  of  Public  Instruction,  before  entering 
upon  this  special  duty  shall  take  an  oath  before  some  one  quali- 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION  37 

fied  to  administer  the  oath,  to  faithfully  and  diligently  perform 
the  duties  of  this  office  and  shall  execute  bond  with  good  and 
sufficient  security,  to  be  approved  by  the  Governor,  in  a  sum 
not  to  exceed  ten  thousand  dollars,  which  bond  shall  be  filed 
with  the  Secretary  of  State. 

The  Superintendent  of  Public  Instruction  shall  receive  an- 
nually for  such  special  duty  the  salary  of  $1,500.00,  payable 
monthly  out  of  the  State  School  Fund. 

He  shall  have  power  to  appoint  two  assistants  at  salaries 
of  one  thousand  dollars  per  annum,  and.  all  necessary  and 
contingent  and  traveling  expenses  for  himself  and  his  assist- 
ants, when  on  business  pertaining  to  these  official  duties.  He 
shall  be  allowed  not  to  exceed  two  thousand  dollars  per  annum 
for  additional  clerk  hire  for  this  department,  in  connection 
with  the  State  Department  of  Education,  that  the  State  De- 
partment may  be  made  more  efficient  in  the  conduct,  super- 
vision, management  and  inspection  of  the  schools  and  school 
revenues  of  the  Commonwealth.  These  salaries  and  necessary 
expenses  thus  incurred  shall  be  paid  by  the  Treasurer  and 
charged  to  the  common  school  fund,  and  the  Superintendent  is 
hereby  authorized  to  make  monthly  requisitions  on  the  Audi- 
tor for  such  salaries  and  expenses  and  that  he  render  an  item- 
ized account  of  the  same. 

(§  4398a-2  Ky.  St.)  Bond  to  be  Given  by  Assistant  Inspec- 
tors.— The  assistants  appointed  by  the  Superintendent  may  be 
required  by  him,  subject  to  the  approval  of  the  State  Board  of 
Education  to  make  such  bond  as  they  may  deem  sufficient  to 
faithfully  and  diligently  perform,  under  the  direction  of  the 
State  Superintendent,  such  duties  as  he  may  assign  them, 
either  in  the  office  of  the  Superintendent,  or  on  business  per- 
taining to  the  official  inspection  duties.  Such  bond  shall  be 
filed  in  the  office  of  the  Superintendent  of  Public  Instruction. 

(§  4398a-3  Ky.  St.)  Power  to  Inspect  School  Funds  and 
Management  of  all  Schools.— It  shall  be  the  duty  of  the  State 
Superintendent  as  Special  Inspector,  by  and  through  the  co- 
operation of  his  assistants,  to  inspect  and  examine  into  the 
fiscal  management  and  conduct  of  the  office  of  all  school  of- 
ficials, whose  duty  it  is  to  receive,  handle  or  disburse  the  public 
school  funds  either  directly  or  indirectly  and  to  compel  an  ac- 


38  KENTUCKY  SCHOOL  LAWS  1922 

count  of  such  school  officials.  The  said  inspector  shall  have 
power  to  examine  into  the  management  of  public  schools  sup- 
ported in  whole  or  in  part  by  the  State  and  to  see  that  the 
school  laws,  rulings,  regulations  and  all  by-laws  of  the  State 
Board  of  Education  are  enforced  and  operative  in  such  a  way 
as  to  best  and  most  equitably  distribute  the  educational  equip- 
ment of  the  State  and  to  make  the  public  school  system  of  the 
State  a  more  efficient  system. 

(§  4398a-4  Ky.  St.)  May  Issue  Process  to  Compel  Attend- 
ance of  Witnesses — Penalties. — Be  shall,  at  all  times,  have  ac- 
cess to  the  papers,  books  and  records  of  any  and  all  teachers, 
trustees,  superintendents  or  other  public  officials,  and  shall 
have  power  to  issue  process  and  compel  attendance  of  witnesses 
before  him  and  to  administer  oaths  to  and  to  compel  witnesses 
to  testify  in  any  of  the  investigations  he  is  authorized  to  make, 
and  upon  the  failure  of  any  witness  to  attend  or  testify  without 
legal  excuse,  he  shall  be  deemed  guiltj^  of  a  misdemeanor  and 
upon  conviction,  fined  not  to  exceed  $25.00  for  each  offense. 
He  shall  have  power  to  clothe  his  assistants  with  full  power  of 
attorney  to  act  for  him  as  inspector. 

(§  4398a-5  Ky.  St.)  Report  of  Misconduct  to  County  or 
Commonwealth  Attorney. — When  he  or  his  assistants  shall  find 
any  mismanagement,  misconduct,  violation  of  law,  or  wrongful 
or  improper  use  of  any  County  or  State  school  fund,  or  neglect 
in  the  performance  of  duty  on  the  part  of  any  school  official, 
he  shall  report  any  and  all  such  violations  of  the  school  laws 
Then  discovered  to  the  State  Board  of  Education,  whose  duty 
it  shall  be,  through  the  State  Superintendent,  as  Special  In- 
spector, or  one  of  his  assistants,  to  call  in  the  assistance  of  the 
County  Attorney  or  Commonwealth's  Attorney  in  the  county 
or  district  where  such  violation  occurs  to  assist  in  the  indict- 
ment, prosecution  and  conviction  of  the  accused,  or  if  indict- 
ment, prosecution  or  conviction  are  not  warrantable  he  shall 
report  such  neglect  or  misconduct  to  the  State  Board  of  Educa- 
tion who  shall  have  power  to  rectify  and  regulate  all  such 
matters. 


Chapter  V. 


STATE    BOARD    OF   EXAMINERS 

Sec.  46.    Appointment    and    qualifi-  Sec.  53.    Certification  of  teachers- 
cations,  examinations,    etc. 

Sec.  47.     Teachers'  Elementary  Sec.  54.    Normal    and    high    school 

Certificates.  training1. 

Sec.  48.     State   Diploma.  Sec.  55.    Diploma  completing-  corn- 
Sec.  49.     State    Certificate.  mpn  school  course. 

Sec;  50.    Elementary        Certificate,  Sec.  56.     Science  and  art  of  teach- 
first    grade.  ing1. 

Sec.  51.    Examination  questions.  Sec.  57.    Penalty— examination 
Sec.  52.    Elementary  Certificate,  questions. 

second  grade.  Sec.  58.    Effective  date  of  law. 

Section  46.  (§  4386.)  State  Board  of  Examiners— Duties 
of — Appointment. — The  Superintendent  of  Public  Instruction 
shall  appoint  two  professional  educators,  who,  together  with 
himself,  shall  constitute  a  State  Board  of  Examiners,  who  shall 
examine  all  applicants,  personally  applying  to  them  for  certi- 
ficates of  qualifications  as  county  superintendents  or  for  State 
diplomas  or  State  certificates.  The  said  Board  of  Examiners 
shall  prepare  the  series  of  questions  for  the  examination  of 
candidates  for  county  superintendents,  as  provided  in  section 
70  of  this  Act  and  before  forwarding  to  the  county  superin- 
tendents shall  submit  all  of  the  said  series  to  the  State  Board 
of  Education  for  their  approval.  (Modifications  of  this  are 
made  in  section  4501a-l,  et.  seq.) 

Section  4501.  (Repealed  March  22,  1920,  c.  39,  p.  172,  Ed.)  See  Sec.  4501a-l, 
et  seq. 

Section  4501.  Employment  and  payment  of  teachers;  actions  by  against 
trustees.  See  notes  to  4445. 

Teachers  certificate  can  not  be  revoked  by  superintendent  without 
notice  and  hearing-.  Wilson  v.  Hite,  21  R.  1199,  54  S.  W.  726;  and  see,  further, 
as  to  revocation  of  certificate  and  grounds  for.  Superintendent  Schools  v. 
Taylor,  105  Ky.  387,  20  R.  1241. 

Teacher  is  entitled  to-  a  certificate  in  that  class  which  his  examination 
determines  he  has  the  rig-ht  to  enter,  and  examiners  and  superintendent 
may  be  compelled  by  mandamus  to  issue  it  Northington  v.  Sublette,  114 
Ky.  72,  24  R.  835. 

Teacher's  salary  can  not  be  attached  in  the  hands  of  the  superintendent. 
Tracy  v.  Hernbuckle,  8  Bush  336;  Allen  v.  Russell,  78  Ky.  105. 

Teachers  may  by  contract  with  the  trustees  be  empowered  to  teach 
higher  branches  for  compensation,  and  pupils  who  refuse  to  pay  the  extra 
compensation  can  not  complain  because  they  are  not  taught  these  branches. 
Major  v.  Cayee,  98  Ky.  357,  17  R.  967. 

This  section  vests  in  the  county  board  oif  examiners  discretion  in  de- 
termining: the  moral  fitness  of  applicants  for  license  to  teach.  Crawford  v. 
Lewis,  170  Ky.  589. 

Mandamus  will  not  lie  to  compel  the  granting-  of  a  teacher's  certificate 
unless  the  board  of  examiners  act  arbitrarily  and  in  abuse  of  their  dis- 
cretion in  withholding  the  certificate.  Crawford  v.  Lewis,  170  Ky.  589. 

This  section  does  not  require  the  formal  investigation  with  notice 
and  opportunity  to  an  applicant  for  license  to  present  evidence  as  to  his 
moral  fitness  to  teach.  Crawford  v.  Lewis,  170  Ky.  589. 

The  board  of  school  examiners  was  held  not  to  have  abused  its  discre- 
tion in  withholding  a  teacher's  certificate  on  account  of  moral  unfitness  of 
the  applicant.  Crawford  v.  Lewis,  170  Ky.  589. 


40  KENTUCKY  SCHOOL  LAWS  1922 

Section  47.  (§  4501a-l.)  Teachers'  Certificates— Grades 
—Requisite  to  Qualification.— (a)  There  shall  be  four  grades 
of  certificates  to  teachers  of  common  schools;  first,  a  teacher's 
diploma;  second,  a  State  teacher's  certificate;  .third,  an  ele- 
mentary certificate  of  the  first  grade ;  arid  fourth,  an  elemen- 
tary certificate  of  the  second  grade. 

(b)  Before  any  person  shall  be  qualified  to  teach  in  any 
common  school  such  person  shall  obtain  one  of  these  'four 
grades  of  certificates  or  a  certificate  as  now  provided  by  law 
from  the  State  University,  State  Normal  Schools  or  other 
schools  authorized  by  law  to  issue  certificates.  (March  22, 
1920,  C.  39,  p.  172,  Sec.  1.) 

Preceding  section  1  of  the  Act  as  above  compiled  the  Act 
provides:  ''That  sections  177,  178,  183,  185  and  186  of  the  com- 
mon school  laws,  the  same  being  sections  4501,  4502,  4502a-4 
and  4503,  respectively,  of  the  Ky.  Statutes,  Carrol's  Edition, 
1915,  be  and  the  same  are  hereby  repealed  and  the  following 
enacted  in  lieu  thereof."— (Ed.) 

Section  48.  (<§>  4501a-2.)  State  Teachers  Diploma^-Ex- 
amination — Qualifications  of  Applicants — Value  of  Diploma. — 
(a)  State  diploma  may  be  issued  by  the  State  Board  of  Examin- 
ers after  a  personal  examination  held  at  the  State  Capitol  on 
the  third  Friday  and  Saturday  of  June  and  Semptember,  upon 
the  subjects  embraced  in  the  common  school  course  of  study 
and  also  upon  the  science  and  art  of  teaching,  psychology, 
English  and  American  literature,  algebra,  higher  arithmetic, 
geomentry,  physics,  and  elementary  Latin.  • 

(b)  The  laws  governing  the  issuing  of  State  certificates 
shall  govern  the  issuance  of  State  diplomas  in  all  respects 
whatever,  except  that  applicants  for  State  certificates  may  take 
the  examination  in  their  respective  counties  on  the  same  dates 
that  examinations  are  held  for  State  diplomas,  as  now  provided 
by  law. 

(c)  The  questions  for  examination  for  State  diploma  and 
State  certificate  shall  be  the  same  in  all  subjects  common  to 
both. 

(d)  The  purpose  and  standard  of  this  diploma  are  to  evi- 
dence a  scholarship  equivalent  to  the  completion  of  a  standard 
junior  college  course. 


STATE  BOARD  OF  EXAMINERS  41 

(e)  In  order  to  be  entitled  to  a  State  teacher's  diploma  the 
applicant  in  addition  to  attaining  in  the  required  examination 
an  average  grade  of  not  less  than  85  per  centum  (85%),  the 
lowest  grade  on  any  subject  being  not  less  than  seventy  per 
centum  (70%)   shall  be  at  least  twenty-four  years  old,  shall 
have  taught  in  the  State  at  least  two  years  and  shall  present 
satisfactory  evidence  of  unexceptional  moral  character. 

(f )  A  State  diploma  shall  be  good  in  all  schools  through- 
out the  State  maintained  wholly  or  partly  by  the  State,  until 
revoked  by  the  Superintendent  of. Public  Instruction,  or  until 
the  holder  shall  fail  for  five  consecutive  years  to  be  engaged  in 
active  school  work.     It  shall  qualify  the  holder  for  eligibility 
as  candidate  for  the.  office  of  county  superintendent  of  schools, 
and  may  for  cause  be  revoked  by  any  county  superintendent, 
subject  to  the  approval  of  the  State  Board  of  Education,  as 
far  as  it  applies  to  his  county,  of  which  immediate  information 
shall  be  given  to  the  Superintendent  of  Public  Instruction. 
Said  diploma  shall  be  impressed  with  the  seal  of  the  State 
Board  of  Examiners,  and  the  fee  of  the  applicant  shall  be  five 
dollars  ($5.00.) 

Section  49.  (§  4501a-3  Ky.  St.)  State  Teachers'  Certifl- 
ficate — Examination — Regulations  Concerning. — i(a)  A  State 
teacher's  certificate  may  be  granted  by  the  State  Board 
of  examiners,  after  a  written  examination  held  in  the 
county  of  the  applicant 's  residence,  or  on  a  personal  examina- 
tion before  the  State  Board  of  Examiners  at  the  State  Capitol, 
said  applicant  attaining  an  average  grade  of  at  least  eighty -five 
per  centum  (85%),  the  lowest  grade  upon  any  subject  being 
not  less  than  seventy-five  per  centum  (75%),  upon  the  grades 
embraced  in  the  common  school  course  of  study,  and  also  upon 
English  and  American  literature,  elementary  algebra,  higher 
arithmetic,  and  the  science  and  art  of  teaching.  In  order  to 
be  entitled  to  a  State  certificate,  the  applicant  in  addition  to 
passing  the  required  examination,  shall  be  at  least  twenty-one 
years  old,  and  shall  have  had  two  years'  experience  in  teaching. 
Examinations  for  State  teacher's  certificates  shall  be  held  in 
all  counties  of  the  State  on  the  third  Friday  and  Saturday  of 
June  and  September  each  year,  and  the  questions  for  the  ex- 
aminations shall  be  provided  by  the  State  Board  of  Examhv 


42  KENTUCKY  SCHOOL  LAWS  1922 

ers,  with  the  questions  for  the  June  and  September  elementary 
examinations  at  the  same  time  and  in  the  same  package,  be  pre- 
served and  opened  at  the  same  time  as  the  questions  for  ele- 
mentary certificates.  The  questions  for  examination  for  State 
certificates  shall  be  identical  with  those  for  State  diploma  in 
all  subjects  common  to  both.  The  applicants  for  State  certi- 
ficates shall  be  examined  on  the  same  days  upon  which  the  ap- 
plicants for  elementary  certificates  are  examined  in  June  and 
September  and  immediately  upon  the  close  of  the  examination 
for  State  certificates,  and  county  superintendent  shall  collect 
the  papers  of  each  applicant  for  State  certificate,  preserve 
them  from  all  inspection  and  immediately  forward  them  to  the 
State  Board  of  Examiners  with  the  recommendation  that  the 
certificate  should  or  should  not  be  granted.  No  applicant 
shall  be  examined  for  a  State  certificate  unless  the  said  ap- 
plicant is  known  to  the  county  superintendent  to  possess  an 
unexceptional  moral  character  and  to  possess  the  age  and  ex- 
perience herein  required. 

(b)  The   county  superintendent  shall   enclose   with  the 
answers  a  written  statement,  signed  and  sworn  to  by  the  super- 
intendent and  two  members  of  the  county  board  of  examiners, 
that  the  examination  has  been  held  in  strict  accordance  with 
the  law  and  that  the  applicant  has  not  either  directly  or  in- 
directly received  any  assistance,  and  that  the  moral  character 
of  the  applicant  is  unexceptional.     If  the  answers  are  deemed 
sufficient  and  the  recommendation  of  the  county  board  of  ex- 
aminers is  favorable,  the  State  Board  of  Examiners  shall  issue 
a  certificate  which  shall  entitle  the  holder  to  teach  in  any  school 
in  the  State  for  a  period  of  eight  years,  unless  revoked  by  the 
Superintendent  of  Public  Instruction,  or  unless  the  holder  shall 
fail  for  two  consecutive  years  to  be  engaged  in  active  school 
work. 

(c)  The  purpose  and  standard  of  this  certificate  are  to 
graduate  a  scholarship  equivalent  to  the  completion  of  a  four- 
year  high  school. 

(d)  At  the    expiration  of  the    time    for   which  it    was 
granted,  if  it  shall  not  have  been  revoked  by  the  superintend- 
ent of  public  instruction  and  if  the  holder  shall  not  have  failed 
for  two  consecutive  years  to  be  engaged  in  active  school  work, 


STATE  BOARD  OF  EXAMINERS  43 

a  State  certificate  may  be  renewed  for  another  eight  years  by 
the  State  Board  of  Examiners,  without  additional  fee,  provided 
the  county  board  of  examiners  for  the  county  where  the  holder 
at  the  time  resides  recommends  the  renewal  of  said  certificate, 
stating  that  the  applicant  is  of  good  moral  character  and  that 
said  applicant  has  not  failed  for  two  consecutive  years  to  be 
engaged  in  active  school  work.  In  no  case  shall  any  State  cer- 
tificate be  valid  for  a  period  longer  than  sixteen  years. 

(e)  Any  county  superintendent  may,  for  cause,  revoke  a 
State  certificate  as  far  as  it  applies  to  his  county,  of  which  im- 
mediate information  shall  be  given  to  the  Superintendent  of 
Public  Instruction  and  be  subject  to  his  approval. 

(f)  A  State  certificate  shall  be  impressed  with  the  seal 
of  the  State  Board  of  Examiners  and  the  fee  charged  the  ap- 
plicant shall  be  four  dollars  ($4.00)  besides  the  registration  fee 
for  forwarding  the  answer. 

Section  50.  (§  4501a-4.)  Elementary  Certificates  of  the 
First  Grade. — An  elementary  certificate  of  the  first  grade  shall 
require  an  average  grade  of  eighty-five  per  centum  (85%) 
upon  all  .subjects  in  the  common  school  course,  upon  the  science 
and  art  of  teaching,  including  the  State  course  of  study  for 
elementary  schools ;  and  the  lowest  grade  on  any  subject  shall 
not  be  less  than  seventy  per  centum  (70%.) 

(b)  The  elementary  certificate  of  the  first  grade  shall  be 
valid  in  any  public  school  in  the  State  for  a  period  of  four 
years. 

(c)  If  at  any  time  the  holder  of  an  elementary  certificate 
shall  be  found  incompetent,  inefficient,  or  immoral,  the  county 
superintendent  shall  revoke  the  certificate  of  such  person ;  and 
any  teacher  whose  certificate  has  been  revoked  shall  be  en- 
titled to  receive  payment  for  services  only  up  to  the  time  of 
this  revocation. 

(d)  No  person  shall  be  entitled  to  receive  an  elementary 
certificate  of  either  grade  who  was  not  eighteen  years  of  age 
prior  to  the  date  of  the  examination. 

(e)  Nothing  in  this  Act  shall  be  construed  to  require  any 
teacher  now  holding  a  State  diploma,  State  teacher's  certificate 
or  elementary  certificate  to  be  re-examined  until  the  expiration 
of  said  certificate. 


44  KENTUCKY  SCHOOL  LAWS  1922 

(f)  A  person  having  taught  for  eight  consecutive  years 
under  first  grade  certificates  may  have  the  last  one  renewed  for 
a  period  of  four  years  by  the  State  Superintendent,  who  shall 
write  upon  it  ''renewed/'  signed  officially  and  give  the  date  of 
such  renewal.     When  a  certificate  has  been  renewed  one  time, 
the  teacher  shall  again  receive  two  first  grade  certificates  as 
stated  above  before  it  can  be  renewed  a  second  time. 

(g)  The  State  Board  of  Examiners  shall  carefully  pre- 
pare three  series  of  questions  for  white  and  colored  teachers 
on  all  of  the  branches  necessary  for  elementary  certificates  of 
the  first  and  second  class,  and  shall  enclose  in  envelopes  such 
number  of  questions  of  each  branch  as  the  county  superintend- 
ent shall  make  requisition  for  at  least  twenty  days  before  the 
examination,  with  the  name  of  the  subject  written  or  printed 
across  the  seal  thereof,  and  shall  enclose  the  several  envelopes 
of  each  series  containing  questions  on  each  branch  in  a  pack- 
age which  they  shall  seal  and  forward  by  registered  mail  to 
each  county  superintendent,  at  least  one  week  before  the  ex- 
amination, designating  on  the  outside  of  the  package  the  month 
and  the  date  for  which  same  shall  be  used. 

(h)  The  county  superintendent  shall  carefully  preserve 
the  said  package  of  questions  under  seal  until  the  hour  of  ex- 
amination ;  and  the  seal  of  the  said  package  shall  be  examined 
by  the  other  examiners  and  the  applicants  for  certificates  and 
the  packages  shall  then  be  opened  in  their  presence. 

(i)  Immediately  after  examining  the  package  of  ques- 
tions the  county  superintendent  and  each  of  the  county  exam- 
iners shall  under  his  official  oath,  upon  blanks  furnished  for 
that  purpose  by  the  superintendent  of  public  instruction,  give 
a  separate  certificate,  with  signatures,  attested  to  by  two  re- 
liable witnesses,  that  he  had  personally  inspected  said  package, 
and  whether  he  had  found  the  same  intact  as  provided  herein, 
and  forward  the  certificate  to  the  superintendent  of  public 
instruction  on  the  same  date. 

(j)  There  shall  be  two  examinations  held  in  each  county 
of  the  State  annually  for  State  certificates,  on  the  third  Friday 
and  Saturday  in  June  and  September,  and  on  the  same  dates 
there  shall  be  held  in  the  State  Superintendent's  Office  at 
Frankfort,  an  examination  for  State  diploma.  There  shall  be 


STATE  BOAflD  OF  EXAMINERS  45 

three  examinations  held  for  elementary  certificates  for  white 
and  colored  teachers  in  each  county  of  the  State  on  the  third 
Friday  and  Saturday  in  May,  June  and  September  of  each  year. 
Section  51.  (k)  The  State  Board  of  Examiners  under  the 
same  rules  and  regulations  laid  down  in  section  (g)  of  this  Act 
shall  prepare  questions  for  State  certificate  and  shall  enclose 
each  branch  in  separate  envelopes  sealed,  with  the  name  of 
subject  written  or  printed  thereon,  and  enclose  all  these  separ- 
ate envelopes  in  a  package  which  shall  be  sealed  and  marked 
"examination  questions  for  State  certificates"  and  in  June  and 
September  the  packages  containing  the  elementary  certificate 
questions  and  the  State  certificate  questions  .shall  be  enclosed 
together  in  another  package  and  registered  to  the  county  super- 
intendent at  least  one  week  before  the  date 'for  the  examina- 
tion. 

(1)  The  examiners  shall  exclude  from  the  room  during 
the  examination  all  persons  other  than  applicants  and  see  that 
the  applicants  are  seated  at  the  proper  distance  from  each  other 
and  shall  see  that  no  assistance  is  given  or  obtained  by  any 
applicant  during  the  examination,  and  no  certificate  shall  be 
granted  by  the  State  Superintendent  and  the  State  Board  of 
Examiners  to  any  person  who  may  either  obtain  or  give  assist- 
ance in  the  examination.  It  shall  be  the  duty  of  the  county 
superintendent  and  the  county  board  of  examiners  to  disclose 
any  fact  in  regard  to  any  person  or  persons  obtaining  or  giv- 
ing assistance  in  the  examinations.  The  county  superintendent 
or  examiners  shall  pass  on  no  question  in  the  presence  on  any 
applicant  for  certificate.  Failure  on  the  part  of  the  county 
superintendent  or  examiners  to  comply  with  the  provisions  of 
this  section  shall  be  a  misdemeanor,  punishable  by  a  fine  of  not 
less  than  twenty-five  dollars  ($25.00.) 

(m)  The  examiners  shall  allot  a  reasonable  time  for  the 
examination  on  each  subject,  taking  the  subjects  in  the  follow- 
ing order :  1,  spelling ;  2,  reading ;  3,  writing ;  4,  arithmetic  ;  5, 
grammar ;  6,  English  composition ;  7,  geography ;  8,  physiology 
and  hygiene  ;  9,  civil  government ;  10,  United  States  history  and 
history  of  Kentucky;  11,  theory  and  practice  of  teaching,  in- 
cluding State  course  of  study  for  elementary  schools ;  12,  agri- 
culture; and  shall  collect  the  answers  of  all  applicants  when 


46  KENTUCKY  SCHOOLfLAWS  1922 

the  time  allotted  has  expired  and  no  additional  subjects  shall 
be  given  until  the  answers  to  the  previous  subjects  have  all 
been  collected. 

(n)  The  county  superintendent  shall  have  two  examiners 
as  n<r,v  provided  by  law,  except  they  shall  receive  four  dollars 
v$4.()0)  per  diem  as  hereinafter  provided ;  arid  he,  together  with 
the  examiners  shall  conduct  all  examinations.  The  examina- 
tions for  white  and  colored  teachers  shall  be  held  in  each 
county  on  the  same  date,  on  the  same  subject,  and  use  the 
same  questions,  provided  that  the  white  teachers  shall  be  in 
one  room  and  the  colored  teachers  in  another  room.  When 
there  is  a  greater  number  of  white  teachers  than  of  colored 
teachers  in  any  given  examination,  the  county  superintendent 
and  one  examiner  <shall  have  charge  of  the  white  teachers  and 
one  examiner  shall  have  charge  of  the  colored  teachers.  When 
there  is  a  greater  number  of  colored  teachers  than  there  is  of 
white  teachers,  the  county  superintendent  and  one  examiner 
shall  have  charge  of  the  colored  teachers,  and  the  other  ex- 
aminer of  the  white  teachers.  Both  the  colored  and  white 
teachers  shall  conform  to  the  same  rules  and  regulations  as 
privided  by  law. 

(o)  No  person  shall  be  allowed  by  the  county  superin- 
tendent and  county  board  of  examiners  to  take  an  examination 
who  indulges  in  drunkenness,  profanity,  gambling  or  licentious- 
ness, and  each  person  taking  an  examination  shall  be  required 
to  give  satisfactory  evidence  of  unexceptionable  moral  charac- 
ter to  the  county  superintendent  and  the  county  board  of  ex- 
aminers. Failure  on  the  part  on  any  county  superintendent 
or  board  of  examiners  to  comply  with  the  provisions  of  this 
section  shall  be  a  misdemeanor,  punishable  by  a  fine  of  not 
more  than  fifty  dollars  ($50.00.) 

(p)  All  elementary  certificates  shall  be  issued  by  the 
State  Board  of  Examiners  just  as  State  certificates  are  issued. 
Every  law  relating  to  the  preparations  of  questions,  holding 
examinations,  and  grading  papers  for  State  diplomas  and  State 
certificates  applies  with  equal  force  to  elementary  certificates. 

(q)  Each  applicant  for  an  elementary  certificate  of 
either  grade  shall  pay  to  the  county  superintendent  a  fee  of 
two  dollars  ($2.00.)  The  fees  received  by  the  county  superin- 


STATE  BOARD  OF  EXAMINERS  47 

tendent  from  applicants  for  State  and  elementary  certificates 
shall  be  forwarded  to  the  State  Superintendent  who  shall  use 
it  in  defraj'ing  the  expenses  of  the  examinations.  The  amount 
received  from  all  the  counties  for  examination  fees  shall  con- 
stitute one  fund;  from  which  the  state  superintendent  shall 
pay  the  county  examiner  four  dollars  ($4.00)  per  diem  for  each 
of  the  two  days'  service  rendered  in  the  examination  of  teach- 
ers for  elementary  and  State  certificates.  From  the  same  fund 
the  State  Superintendent  shall  pay  his  State  Board  of  Examin- 
ers and  their  assistants  for  the  preparation  of  the  questions  and 
the  grading  of  the  manuscripts  of  the  applicants  for  State  and 
elementary  certificates,  a  sum  not  to  exceed  ten  dollars  ($10.00) 
per  diem,  with  actual  and  necessary  traveling  expenses.  If 
after  the  county  examiners  and  the  State  examiners  with  their 
assistants  are  paid  there  should  remain  a  balance  in  said  fund, 
it  shall  be  covered  into  the  treasury  and  credited  to  the  school 
fund  of  the  State. 

Section  52.  (§  4501a-5.)  Elementary  Certificate  of  the 
Second  Grade. — (a)  An  elementary  certificate  of  the  second 
grade  shall  require  an  average  grade  of  seventy-five  per  cen- 
tum (75%)  upon  all  the  subjects  in  the  common  school  course 
and  upon  the  State  course  of  study,  and  the  lowest  grade  on 
any  subject  shall  not  be  less  than  sixty  per  centum  (60%.) 

(b)  The  issuance  of  elementary  certificates  of  the  second 
grade  shall  conform  in  all  respects  whatever  to  the  laws  re- 
lating to  the  issuance  of  elementary  certificates  of  the  first 
grade. 

(c)  An  elementary  certificate  of  the  second  grade  shall 
be  valid  in  any  elementary  common  school  in  the  State  for  two 
years  from  the  date  of  issue. 

(d)  After  July  1st,  1921,  an  elementary  certificate  of  the 
second  grade  shall  not  be  issued  twice  to  the  same  person. 

Section  53.  (§  4501a-6.)  Grading  Papers— Additional 
Examiners. —  (a)  For  the  purpose  of  grading  papers  in  exam- 
inations for  certificates  the  State  Superintendent  shall  have 
power  to  employ  a  sufficient  number  of  competent  persons  to 
assist  the  State  Board  of  Examiners  in  grading  such  papers  so 
that  the  work  may  be  well  and  promptly  finished;  and  he  shall 
have  the  power  to  agree  with  such  persons  as  to  compensation, 


48  KENTUCKY  SCHOOL  LAWS  1922 

provided  that  no  person  so  employed  shall  receive  more  than 
ten  dollars  ($10.00)  per  diem  and  actual  traveling  expenses. 

(§  4501a-7.)  Papers  to  be  Numbered. — In  all  examina- 
tions for  State  certificates,  and  elementary  certificates,  the  ap- 
plicants shall  be  given  numbers  by  the  county  superintendent 
which  numbers  shall  be  placed  upon  the  papers  instead  of 
names.  The  county  superintendent  shall  keep  a  record  in  his 
office  of  such  numbers  and  names  and  forward  a  copy  of  the 
same  in  a  separate  envelope  by  registered  mail  to  the  State 
Superintendent.  In  grading  papers  and  in  certifying  to  the 
State  Superintendent  the  results  of  such  examinations,  the  num- 
bers must  be  used ;  nor  shall  the  nantes  be  disclosed  to  any  one 
except  to  the  persons  making  out  the  certificates.  The  violation 
of  this  law  by  any  person  whatever  shall  constitute  a  misde- 
meanor, and  be  punishable  by  a  fine  of  not  less  than  twenty-five 
dollars  ($25.00),  nor  more  than  one  hundred  dollars  ($100.00) 
in  each  case.  The  only  distinction  that  shall  be  made  be- 
tween the  manuscripts  of  the  w^hite  and  colored  teachers  shall 
be  that  the  numerals  shall  be  used  for  the  white  teachers  and 
letters  of  the  alphabet  in  alphabetical  order  for  the  colored 
teachers. 

Section  54.  (§  4501a-8)  Professional  Training.— < a) 
From  the  first  day  of  July,,  one  thousand  nine  hundred  and 
twenty-two,  applicants  for  an  elementary  certificate,  of  the 
first  grade,  shall  have  at  least  one  year  of  high  school  work  or 
its  equivalent;  and  in  addition  thereto,  five  weeks'  study  of 
professional  subjects  in  a  State  normal  school  or  some  other 
training  school  recognized  by  the  State  Board  of  Education. 

(b)  From  the  first  day  of  July,  1924,  such  applicant  must 
have  had  two  years  of  high  school  work  or  its  equivalent ;  and 
in  addition  thereto,  ten  weeks'  study  of  professional  work  in  a 
school  as  aforesaid. 

(c)  From  the  first  day  of  July,   1926,   such  applicants 
shall^have  had  four  years  of  high  school  work  or  its  equivalent, 
and  in  addition  thereto,  twenty  weeks'  study  of  professional 
work  in  a  school  or  schools  as  aforesaid ;  provided  that  the 
State  Board  of  Education  shall  have  authority  and  power  to 
make  all  the  rules  and  regulations  necessary  to  meet  the  em- 


STATE  BOARD  OF  EXAMINERS  49 

ergencies  growing  out  of  the  advancement  in  subsections  a,  b, 
and  c,  of  Section  8. 

(d)  No  person  shall  be  admitted  to  examinations  for  the 
aforesaid  certificate  until  he  has  satisfied  the  county  board  of 
examiners  or  the  State  Board  of  Examiners  by  documentary 
evidence  or  otherwise  that  he  has  complied  with  the  provisions 
of  law. 

Section  55.  (§  4501a-9.)  Common  School  Diploma. — 
The  county  board  of  examiners  shall  hold  certificates  of  the 
first  class  and  assist  the  superintendent  in  the  examining  and 
grading  of  applicants  for  common  school  diplomas  as  directed 
by  the  county  board  of  education  subject  to  the  approval  of 
the  State  Superintendent  of  Public  Instruction. 

Section  56.  (§  4501a-10.)  Science  and  Art  of  Teaching. 
—After  July  1st,  1921,  all  examinations  for  a  certificate  on  the 
theory  and  practice  of  teaching,  or  the  science  and  art  of 
teaching  shall  be  based  upon  a  suitable  text  book  selected  by 
the  State  Board  of  Education.  The  questions  on  such  ex- 
aminations on  said  subject  shall  test  the  applicant's  knowledge 
of  school  organization,  discipline,  program  making,  organiza- 
tion of  lesson  material,  lesson  planning  and  such  other  knowl- 
edge as  the  State  Board  of  Examiners  think  the  applicant 
should  have. 

Section  57.  (§  4501a-ll.)  Peddling  Examination  Ques- 
tions.— This  Act  shall  not  be  construed  to  repeal  any  sections 
of  law  relating  to  the  unlawful  handling  or  peddling  of  ex- 
amination questions,  or  section  4426,  Carroll's  Kentucky  Sta- 
tutes, 1919  (1918.) 

Section  58.  (§  4501a-12.)  Repealed  Laws.— All  laws  and 
parts  of  laws  in  conflict  herewith  are  hereby  repealed. 

(§  4501a-13.)  Effective  Date.— Whereas  the  schools  of 
this  State  are  on  the  verge  of  a  collapse  from  a  lack  of  a  suf- 
ficient number  of  qualified  teachers,  and  whereas,  there  is  a 
great  need  for  a  complete  reorganization  of  the  schools,  and  a 
uniform  method  of  certification  of  teachers,  therefore  an 
emergency  is  hereby  declared  to  exist,  and  this  bill  shall  be- 
come a  law,  on  its  passage,  and  approval  by  the  governor. 

(Sections  4501a-l  to  4o01a-13,   inclusive,   are  an  act  of  March  22,  1920,  c.  39. 


Chapter  VI. 

COUNTY  BOARD  OF  EDUCATION 

Sec    61      Districts   to   be   formed.  Sec.  70.     County       superintendent- 
Sec.  62.    Election  and  qualification  appointment,  powers  and 

of  members.  duties. 

Sec.  63.    Compensation.  Sec.  71.    County  attendance  officer. 

Sec.  64.    Consolidated     school    dis-  Sec.  72.    Male  citizens  only  to  pay 

tricts.  poll  tax. 

Sec.  65.    Educational  policies  to  be  Sec.  72a-l.  Power  to  acquire  school 

determined  by.  sites. 

Sec.  66.    Control    over    the    schools  Sec.  72a-2.  Erect    school    buildings, 

and  school  property.  etc. 

Sec.  67.    Power    to    appoint    princi-  Sec.  72a-3.  Size  and  value  of  school 

pals  and  teachers,   when.  buildings. 

Sec.  68.    Budget    to    be    filed    with  Sec.  72b.     Supervisors  rural 

fiscal   court.  schools. 

Sec.  69.    Books    to   be   audited    an- 
nually. 

Section  60.  (§  4399a-l-2-3.)  That  section  1,  section  2, 
and  section  3  of  chapter  36  of  the  Acts  of  the  General  Assem- 
bly of  1920,  relating  to  the  election  and  qualifications  of  mem- 
'bers  of  county  boards  of  education  and  providing  for  the 
selection  of  a  treasurer  thereof  be  and  the  same  is  hereby  re- 
pealed and  that  there  be  enacted  in  lieu  thereof  the  following 
sections  providing  for  a  system  by  which  the  county  district 
may  be  divided  into  five  divisions  as  nearly  equal  in  popula- 
tion as  practicable,  and  for  the  election  of  one  member  of  the 
county  board  of  education  from  each  such  division,  and  fixing 
the  manner  and  time  of  election,  the  term  of  office,,  and  the 
jurisdiction  of  the  county  board  so  elected,  and  providing  for 
the  selection  of  a  treasurer  thereof. 

(§  4399a-l.)  Each  county  district  in  the  Commonwealth 
of  Kentucky  at  the  time  this  Act  goes  into  effect  shall  be  under 
the  management  and  control  of  a  county  board  of  education, 
consisting  of  five  members  to  be  nominated  and  elected  as 
hereinafter  provided  for. 

Section  61.  (§  4399a-2.)  It  shall  be  the  duty  of  tl>e 
county  board  of  education  of  each  county  in  this  State,  serv- 
ing at  the  time  this  Act  goes  into  effect,  as  soon  as  practicable 
after  this  Act  goes  into  effect  but  not  later  than  July  1,  1923, 
to  meet  and  to  divide  their  respective  county  school  districts 
into  five  divisions  as  nearly  equal  in  population  as  is  practic- 
able, and  to  cause  boundaries  to  be  made  for  such  division 
which  shall  be  recorded  in  a  book  to  be  kept  in  the  office  of 


COUNTY  BOARD  OF  EDUCATION  51 

the  county  board  of  education;  provided  that  divisions  shall 
contain  so  far  as  practicable  integral  voting  precincts. 

Any  citizen  may  except  to  the  action  of  the  board  in 
forming  any  division,  and  shall  have  a  right  to  be  heard ;  and 
if  any  citizen  residing  in  any  such  division  shall  feel  himself 
aggrieved  he  shall  have  a  right  to  prosecute  an  appeal  to  the 
county  court  and  from  the  county  court  to  the  circuit  court 
in  which  such  county  is  located.  The  procedure  on  appeals 
shall  be  the  same  as  in  other  civil  cases. 

Section  62.  (§  4399a-3.)  The  county  board  of  education 
in  each  county  in  this  Commonwealth,  after  such  counties 
have  been  laid  off  into  five  divisions  as  herein  directed,  shall 
be  elected  every  two  years  by  the  qualified  voters  of  such  di- 
visions, each  division  being  entitled  to  elect  one  member,  as 
herein  provided. 

The  first  election  under  this  Act  shall  be  held  at  the  regu- 
lar Novemjber  election  in  1923,  and  the  members  so  elected 
shall  qualify  and  assume  the  duties  of  the  office  on  the  first 
Monday  in  January,  1924. 

Any  person  shall  be  eligible  to  the  office  of  member  of 
the  county  board  of  education  who  is  over  twenty-one  years 
of  age,  and  who  has  had  a  common  school  education,  and  who 
has  been  a  resident  in  the  county  for  which  he  or  she  is  elected 
at  least  one  year  next  preceding  his  or  her  election,  and  who 
is  a  resident  of  that  division  of  the  county  district  that  he  or 
she  is  chosen  to  represent,  and  who  is  not  in  the  employ  of  the 
county  board  of  education  and  not  a  party  to  any  contract 
writh  the  same. 

All  elections  for  members  of  the  county  board  of  educa- 
tion under  this  Act  shall  be  held  on  the  regular  election  day 
in  November,  and  shall  be  at  the  regular  voting  place  in  each 
precinct  in  each  county,  and  shall  be  by  secret  and  separate 
ballot.  Said  elections  shall  be  conducted  by  the  same  officers 
who  conduct  the  regular  November  election,  and  except  where 
otherwise  provided  in  this  act,  such  elections  shall  in  all 
particulars  be  conducted  in  the  same  manner  as  other  general 
elections. 


52  KENTUCKY  SCHOOL  LAWS  1922 

It  shall  be  the  duty  of  the  county  court  clerk  to  cause 
to  be  printed  on  the  ballot  used  for  the  election  of  members 
of  the  county  board  of  education  the  names  of  all  candidates 
in  each  division  for  membership  on  the  county  board  of  educa- 
tion in  whose  behalf  he  may  be  petitioned  so  to  do  in  writing 
by  not  fewer  than  twenty-five  legal  voters  of  the  said  county 
entitled  to  vote  in  said  election  and  living  in  said  division. 
The  petition  herein  provided  for  must  be  filed  in  the  office  of 
the  county  clerk  not  more  than  sixty  days  nor  less  than  fifteen 
days  before  the  day  of  election,  and  no  person  shall  sign  more 
than  one  petition  or  the  petition  of  any  person  who  does  not 
reside  in  the  division  in  which  the  petitioner  resides. 

When  any  vacancy  shall  occur  on  the  county  board  of 
education,  the  vacancy  shall  be  filled  by  appointment  of  the 
board,  but  the  person  so  appointed  shall  reside  in  the  division 
in  which  the  vacancy  occurred.  It  shall  be  the  duty  of  the 
county  court  clerk  to  prepare  a  separate'  ballot  on  which  shall 
be  placed  the  names  of  candidates  for  membership  on  the 
county  board  of  education,  which  shall  show  the  division  in 
which  each  candidate  is  to  be  voted  for,  and  which  shall  be  in 
the  form  prescribed  by  the  general  election  law  of  the  State 
except  that  no  party  emblem  or  device  or  distinguishing  mark 
of  any  character  shall  be  placed  on  said  ballot  save  the  words 
"school  ticket,"  at  the  head  thereof,  and  such  directions  as 
will  aid  the  elector,  and  the  names  of  candidates  for  member- 
ship on  the  county  board  of  education  in  each  division  shall  be 
printed  under  the  said  heading  in  a  single  column ;  the  names 
shall  be  printed  on  the  ballots  as  arranged  by  lot.  Each  voter 
in  each  division  shall  be  entitled  to  vote  for  one  candidate  liv- 
ing in  that  division  and  seeking  to  represent  that  division  on 
the  county  board  of  education.  If  any  voter  votes  for  more 
than  one  candidate  or  for  any  candidate  living  in  any  other 
division  than  the  one  in  which  the  voter  resides,  then  this 
ballot  shall  be  treated  by  the  election  officers  as  a  mutilated 
ballot  and  not  counted  for  any  person  in  said  election.  The 
.candidate  in  each  division  receiving  the  highest  number  of 
votes  shall  be  declared  to  be  elected.  The  ballots  cast  at  said 
election  shall  be  deposited  in  a  separate  ballot  box  furnished 


COUNTY  BOARD  OF  EDUCATION  53 

for  that  purpose  by  the  sheriff  of  that  county.  The  election 
officer  shall  make  out  for  said  election  a  separate  tally  sheet 
and  certificate  which  shall  be  returned  and  canvassed  as  now 
provided  by  law  in  other  general  elections. 

Section  63.  (§  4399b.)  The  county  board  of  education 
first  elected  under  the  provisions  of  this  Act  shall  hold  its  first 
meeting  on  the  first  Monday  in  January,  1924,  and  at  such 
meeting  shall  organize  by  electing  one  of  its  members  to  serve 
as  chairman  and  one  as  vice  chairman.  Other  regular  meet- 
ings shall  be  held  at  least  once  in  each  school  term  and  such 
special  meetings  may  be  held  as  the  county  superintendent  or 
a  majority  of  the  board  may  order.  The  board,  by  order 
entered  on  its  record  book,  shall  designate  its  regular  meeting 
days,  but  in  all  special  meetings  called  by  the  county  superin- 
tendent or  by  the  chairman  or  by  the  majority  of  the  board, 
written  notice  of  the  same  must  be  mailed  to  members  of  said 
board  at  least  three  days  prior  to  date  of  such  special  meet- 
ings. Members  of  the  county  board  of  education  shall  receive 
no  salary,  but  each  member  shall  receive  a  per  diem  of  $5.00 
and  in  addition  thereto  shall  be  allowed  out  of  the  county 
school  fund  his  actual  and  necessary  expenses  in  attending 
said  board  meetings,  provided  that  not  more  than  seventy-five 
dollars  shall  be  spent  as  per  diem  and  expenses  of  each  mem- 
ber in  any  one  year. 

The  county  superintendent  of  schools  shall  be  the  execu- 
tive officer  and  secretary  of  the  county  board.  He  shall  attend 
all  meetings  of  the  county  board  and  each  meeting  of  its  com- 
mittees except  when  his  own  tenure,  salary,  or  the  administra- 
tion of  his  office  is  under  consideration,  and  he  shall  have  the 
right  to  advise  on  any  question  under  consideration,  but  he 
shall  not  have  the  right  to  vote. 

Section  64.  (§  4399a-2.)  The  county  board  of  education 
so  elected  shall  have  the  same  power,  authority,  and  jurisdic- 
tion as  now  conferred  by  law  on  county  boards  of  education 
except  the  board  shall  elect  in  the  month  of  May,  1924,  and 
biennially  thereafter  a  treasurer  other  than  the  county  super- 
intendent of  schools,  and  who  shall  not  be  a  member  of  the 
board.  The  board  shall  give  at  least  ten  days'  notice  of  its 


54  KENTUCKY  SCHOOL  LAWS  1922 

meeting  to  select  a  treasurer  and  shall  receive  sealed  bids  from 
persons  and  corporations  who  desire  to  act  as  such  treasurer, 
and  the  person  or  corporation  filing  the  best  bid  shall  be  select- 
ed. The  treasurer  so  selected  shall  be  required  to  execute, 
with  approved  security,  the  bonds  now  required  by  law  to  be 
executed  by  the  county  superintendent  as  such  treasurer,  and 
shall  serve  without  pay,  and  shall  perform  the  duties  now  im- 
posed and  that  may  hereafter  be  imposed  by  law. 

(§  4399c.)  All  funds  and  securities  due  and  be- 
longing to  the  county  board  of  education  for  the  use  of  the 
public  schools  of  the  county  district,  or  of  any  subdistrict 
thereof  shall  go  into  the  hands  of  said  treasurer,  who  shall, 
together  with  his  sureties,  be  responsible  therefor ;  and  he  shall 
pay  out  such  funds  only  for  the  purposes  for  which  they  were 
respectively  collected,  upon  the  order  of  the  county  board  of 
education  evidenced  by  warrant  signed  by  the  chairman  and 
secretary  of  the  board. 

(§  4399c-l.)  The  first  county  board  elected  under  this 
Act  shall,  so  far  as  is  consistent  with  the  welfare  of  the  schools 
and  with  the  best  interests  of  the  pupil  children  of  the  county, 
continue  in  force  such  valid  contracts  as  were  executed  by  the 
old  county  board  of  education  which  by  their  terms  have  not 
expired. 

(§  4399c-2.)  All  laws  and  parts  of  laws  in  conflict  here- 
with are  hereby  expressly  repealed.  (Act  of  March,  1922.) 

Section  65.  (§  4399a-4.)  Powers  and  Duties  of  Board,— 
Subject  to  the  course  of  study  and  to  the  by-laws  and  policies 
of  the  State  Board  of  Education,  the  county  board  of  educa- 
tion shall  determine  by  the  consent  and  advice  of  the  county 

Contest  as  to  office  of  superintendent.  Wilson  v.  Tye,  126  Ky.  34,  31  R. 
491,  102  S.  W.  856. 

Sec.  4399.  If  a  tax  voted  at  one  election  under  this  section  is  not  suf- 
ficient, another  election  may  be  held  and  another  tax  voted.  Any  tax  voted 
may  be  repealed  at  an  election.  (Subsection  8.)  Christopher  v.  Robinson, 
Sheriff,  164  Ky.  262,  175  S.  W.  387. 

Women  may  vote  in  the  election  of  county  school  superintendent.  J. 
H.  Crook,  County  Clerk  v.  Bartlett,  155  Ky.  305,  159  S.  W.  826. 

A  county   superintendent  who  holds  a  State  certificate   of  qualification 

i   pursuant  to  section  4508,    which  does   not  expire   during"  his  term   of 

office,    is   eligible   to   re-election   without   undergoing-   another   examination 

or  securing  a  new  certificate.     Gilbert  v.   Brock,   175  Ky.   54,   193  S.  W.   1050. 

A  county  board  of  education  may  include  portions  of  subdistricts  in  a 
consolidated  school  district  created  by  it,  although  the  remainder  of  such 
;i  sul.district  will  include  less  than  45  school  children.  Holton  v.  Board 
of  Kducation  of  Mason  Co.,  176  Ky.  578,  195  S.  W.  1108. 


COUNTY  BOARD  OF  EDUCATION  55 

superintendent  the  educational  policies  of  the  county,  and 
shall  prescribe  rules  and  regulations  for  the  conduct  and  man- 
agement of  the  schools.  The  county  board  of  education  shall 
exercise  through  its  executive  officer,  the  county  superintend- 
ent and  his  professional  assistants,  control  and  supervision 
over  the  schools  of  the  county.  The  county  board  of  educa- 
tion shall  consult,  and  advise  through  its  executive  officer  and 
his  professional  assistants,  /with  the  local  subdistrict  trustees, 
principals,  teachers  and  interested  citizens  and  shall  seek  in 
every  way  to  promote  the  schools  under  their  jurisdiction. 
(Act  of  March  22,  1920,  c.  36,  p.  148,  section  1.) 

Section  66.  (§  4399a-5.)  Further  Powers— Control  of 
Property  and  Funds— Payment  of  Claims,— The  county  board 
of  education  and  their  successors  in  office  shall  be  a  body 
politic  and  corporate,  with  perpetual  succession  and  as  such 
may  sue  and  be  sued.  The  county  board  of  education,  in  its 
corporate  capacity  shall  have  control  of  the  county  school 
property  and  county  school  funds.  No  school  funds  shall  be 
appropriated  out  of  the  treasury  of  the  school  board  except 
when  so  ordered  by  majority  of  the  county  school  board,  and 
all  orders  appropriating  money  from  the  treasury  of  the  county 
school  board  shall  be  of  record  signed  by  the  chairman  and 
secretary.  Said  record  shall  be  kept  in  a  book  or  books  pro- 
vided by  the  State  Board  of  Education  and  shall  show  the 
amount  appropriated,  for  what  appropriated,  to  whom  paid 
and  the  time  of  appropriation,  together  with  the  names  of  the 
members  who  favor  and  oppose  the  appropriation  written 
thereon.  Before  any  claim  against  the  county  school  board 
shall  be  paid,  it  shall  be  submitted  in  writing,  itemized  and 
verified.  (Act  of  March  22,  1920,  c.  36,  p.  148,  section  1.) 

Section  66.  (§  4399a-6.)  Duty  to  Provide  Proper  Water 
Closets. — The  county  board  of  education  in  every  county  in 
the  State  shall  provide  sanitary  and  hygiene',  suitable  and  con- 

(Sec.  4395-5.)  The  county  board  of  education  can  not  allow  the  county 
superintendent  the  salary  of  an  office  assistant,  unless  the  board  has  itself 
employed  such  assistant  and  agreed  upon  his  compensation.  Beauchamp 
v.  Snider,  170  Ky.  220,  185  S.  W.  868. 

(Sec.  4399-6.)  The  county  board  of  education  cannot  allow  the  county 
superintendent  extra  compensation  for  discharging-  the  duties  of  supervisor 
of  rural  schools,  where  she  was  already  acting1  as  county  superintendent 
under  subsection  2,  Beauchamp  v.  Snider,  170  Ky.  220. 


5G  KENTUCKY  SCHOOL  LAWS  1922 

venient  water  closets  or  outhouses  for  each  of  the  schools 
under  their  jurisdiction,  one  for  the  boys  and  one  for  the  girls, 
same  to  meet  the  requirements  of  the  county  board  of  health. 
Neglect  or  failure  on  the  part  of  the  county  board  of  educa- 
tion to  comply  with  the  provisions  of  this  section  will  consti- 
tute cause  for  removal  from  office  or  they  may  be  proceeded 
against  under  the  general  laws  of  Kentucky  for  nonfeasance 
in  office.  (Act  of  March  22,  1920,  c.  36,  p.  148.) 

Section  67.  (§  4399a-7.)  Appointment  of  Principals  and 
Teachers  —  Salaries  —  Removal  of  Superintendent,  Principals, 
Teachers  or  Assistants  or  District  Trustees  —  Title  to  Real  Es- 
tate and  Other  School  Property.  —  The  county  board  of  educa- 
tion shall  appoint  on  the  written  recommendation  of  the  county 
superintendent  from  a  list  of  names  submitted  by  him  all  prin- 
cipals, assistant  principals  and  teachers  and  fix  their  salaries 
subject  to  the  provisions  of  law. 

For  incompetency,  neglect  of  duty  or  immoral  conduct, 
the  county  board  of  education  may  suspend  or  remove  from 
office  the  county  superintendent  or  any  of  his  professional  as- 
sistants, any  principals,  assistant  principal  or  teacher  or  sub- 
district  trustee. 

The  county  board  of  education,  subject  to  the  by-laws, 
rules  and  regulations  of  the  State  Board  of  Education,  shall, 
on  the  written  recommendation  of  the  county  superintendent, 
grade  and  standardize  the  schools  under  their  jurisdiction. 

In  the  matter  of  holding  the  title  to  the  real  estate  and 
other  school  property,  the  acquiring,  the  control,  the  manage- 
ment and  disposition  thereof,  the  county  boards  of  education 
created  by  this  Act  shall  be  the  successors  in  the  office  of  the 
county  board  of  education  created  by  Acts  of  1908.  (Act  of 
March  22,  1920,  section  7.) 

Section  68.  (§  4399a-8.)  Tax  Commissioner  to  Certify 
Property  Valuations  Subject  to  Tax—  School  Budget—  Board 


43,"-7-)  ,The   board   of  education   shall   allow   the   county   superin- 

vtHM^my^ss^  expenses  as  are  incurred  in  the  county- 

Lhnef  Cth«nty*!>oar?  °/  e.ducation  cannot  delegate  to  the  county  superin- 
170  Ky.  220  authority  to  incur  a  bil1  of  expenses.  Beauchamp  v.  Snider, 

The  county  board  of  education  can  pav  onlv  actual  p-vn^nqpe?  nf  t>ip 
S?hPrty,vSnU  Pnerintendent  n^««arily  incurr?dyin  dischaSfn/hFs6  dutiesf  and 
Snider?  170  Ky.  n2^essary  to  an  efficient  system  of  school!  Beauchamp  v. 


COUNTY  BOARD  OF  EDUCATION  57 

to  Fix  Tax  Rate — Levy  by  Fiscal  Court — Poll  Tax — Collec- 
tion— Expenditure. — It  shall  be  the  duty  of  the  county  tax 
commissioner  of  each  county,  upon  blanks  furnished  to  him 
by  the  State  Tax  Commission  in  making  the  assessment  for 
the  county  to  show  on  each  assessment  the  property  subject  to 
taxation  under  the  provisions  of  this  Act,  and  it  shall  be  the 
duty  of  the  county  court  clerk,  after  the  tax  commissioner  has 
made  out  and  completed  the  tax  assessor's  books  of  the  county, 
to  certify  to  the  county  superintendent  the  total  assessed  valua- 
tion of  property  in  the  county  subject  to  taxation  under  the 
provisions  of  this  Act.  Upon  receipt  of  such  certificate  from 
the  county  court  clerk,  it  shall  be  the  duty  of  the  county  board 
of  education  created  by  this  Act  each  year  beginning  with  the 
year  1921,  and  of  the  present  county  board  of  1920,  to  pre- 
pare subject  to  the  rules  and  regulations  of  the  State  Board  of 
Education  and  on  and  with  the  advice  of  the  county  superin- 
tendent, an  itemized  and  detailed  school  budget,  showing  the 
amount  of  money  needed  for  supplementing  teachers'  salaries, 
for  permanent  improvements,  repairs,  furniture,  old  buildings, 
maintenance  and  support  of  schools  during  the  succeeding 
school  year  and  also  the  estimated  total  amount  that  will  be 
received  from  the  state  and  the  amount  that  will  be  needed  to 
be  raised  by  local  taxation,  including  the  rate  of  levy  necessary 
to  raise  such  amount  which  in  no  event  shall  be  less  than 
twenty-five  cents  (25c.)  nor  more  than  fifty  cents  (50c.)  on 
each  one  hundred  dollars  ($100.00)  worth  of  taxable  property 
in  the  territory  affected  by  this  act.  This  annual  school  bud- 
get shall  be  submitted  in  writing  to  the  county  court  clerk  not 
less  than  ten  days  before  the  usual  day  for  making  the  county 
;vy  and  it  shall  be  the  duty  of  the  clerk  of  the  county  court 
present  it  to  the  fiscal  court  when  it  convenes  to  make  the 
annual  county  levy.  Provided,  that  for  the  year  one  thou- 
sand nine  hundred  and  twenty,  the  said  budget  need  not  be 
submitted  ten  days  before  the  regular  levying  day  of  the  fiscal 
court. 

When  such  budget  has  been  submitted  to  the  fiscal  court 
as  herein  provided,  it  shall  be  the  duty 'of  the  fiscal  court  to 
make  the  levy  therein  recommended  and  demanded,  upon  all 


58  KENTUCKY  SCHOOL  LAWS  1922 

taxable  property  subject  to  State  taxation  in  said  county,  ex- 
clusive of  property  located  in  graded  school  districts  and  cities 
and  towns,  maintaining  a  separate  and  distinct  system  of 
common  schools. 

At  the  same  time  that  the  fiscal  court  makes  the  ad  val- 
orem levy  demanded  by  the  county  board  of  education,  it  shall 
also  impose  upon  all  legal  voters  (now  males  only)  residing  in 
the  territory  affected  by  the  said  ad  valorem  tax,  a  capitation 
tax  not  exceeding  one  dollar  ($1.00  each.  It  shall  be  the  duty 
of  the  sheriff  of  the  county  in  the  same  manner  and  at  the 
same  time  he  collects  other  State  and  county  revenues,  to  col- 
lect the  tax  imposed  under  the  provisions  of  this  Act  and 
after  deducting  his  compensation  for  same  as  now  allowed  by 
law  and  provided  herein.  Provided,  however,  the  commission 
allowed  the  sheriff  for  the  collecting  said  tax  shall  not  exceed 
one  per  cent  (1%)  of  the  total  school  tax  collected.  (Act 
1922  limits  school,  poll  tax  to  male  citizens.  Sec.  4399a-13.) 

For  the  purpose  of  determining  the  sheriff's  commission 
for  collecting  the  tax  provided  for  in  this  Act,  the  tax  so  col- 
lected, together  with  the  State  and  county  revenue  collected 
by  the  sheriff,  shall  be  treated  as  one  fund,  and  the  sheriff 
shall  deduct  from  the  taxes  collected  under  the  provisions  of 
this  Act  his  commission  for  collecting  same,  which  shall  be  in 
proportion  to  his  entire  commission  on  the  combined  funds  re- 
ferred to  herein,  as  the  school  taxes  collected  bear  to  all  the 
taxes  collected  by  him.  The  county  board  of  education  by  an 
order  entered  of  record  on  its  books  may  require  the  sheriff  to 
make  monthly  settlements  of  the  taxes  collected  by  him  under 
the  provisions  of  this  Act.  The  fiscal  court  shall  annually 
make  a  settlement  with  the  sheriff  for  the  taxes  collected  under 
the  provisions  of  this  Act  in  the  same  manner  as  now  provided 
for  by  law  for  the  settlement  of  State  and  county  taxes  and  a 
copy  of  said  settlement  must  be  filed  with  the  county  board  of 
education.  The  money  collected  by  taxation  under  the  pro- 
visions of  this  Act  shall  be  expended  by  the  county  board  of 
education  in  accordance  with  the  recommendation  contained 
in  the  budget  submitted  to  the  fiscal  court  as  herein  provided. 
The  money  raised  by  the  levy  under  this  section  of  this  Act 


COUNTY  BOARD  OF  EDUCATION  59 

shall  be  devoted  first  and  exclusively,  up  to  the  amount  of  the 
minimum  levy  herein  provided,  for  the  purpose  of  supplement- 
ing the  teachers'  salaries  engaged  in  teaching  in  the  territory 
affected  by  the  provisions  of  this  section,  until  the  minimum 
salary  now  allowed  by  law,  or  as  may  hereafter  be  allowed  by 
law  for  teachers  is  reached,  and  after  said  minimum  has  been 
reached  the  money  raised  by  such  levies  may  be  used  for  sup- 
plementing teachers'  salaries,  building  of  school  houses,  equip- 
ment of  same,  and  other  costs  of  maintenance  and  operation 
as  in  the  judgment  of  the  county  board  of  education  may  be 
determined ;  but  the  amount  necessary,  as  well  as  the  levy 
necessary,  for  supplementing  teachers'  salaries  and  for  the 
other  purposes  herein  set  forth,  must  be  itemized  in  the  bud- 
get submitted  by  the  county  board  of  education  to  the  county 
fiscal  court  at  the  time  the  request  for  the  levy  is  made.  (Act 
of  March  22,  1920,  Sec.  8.) 

Section  69.  (§  4399a-9.)  Audit  of  Books— Reports  to 
State  Superintendent.— The  county  board  of  education  shall 
hereafter  provide  for  at  least  an  annual  audit  of  its  business 

Fiscal  courts  are  required  to  levy  such  a  rate,  within  the  statutory 
limit,  as  will  produce  the  amount  requested  by  the  county  board  of  edu- 
cation in  its  budg-et.  The  county  board  may  include  any  outstanding-  in- 
debtedness in  its  budgret.  Elliott  County  Fiscal  Court  v.  County  Board  of 
Education,  193  Ky.  66. 

County  board  of  education  has  an  implied  power  to  insure  the  public 
school  property  under  its  jurisdiction  and  supervision.  The  selection  of 
the  insurance  companies  to  write  such  insurance  must  be  left  to  its  sound 
discretion;  and  where  companies  are  selected  which  are  authorized  by  law 
to  write  such  insurance  the  courts  will  not  interfere.  Dalzell  v.  Bourbon 
County  Board  of  Education,  193  Ky.  171. 

County  board  of  education  is  liable  to  suit  and  may  have  judgment 
rendered  against  it  on  its  obligation  even  where  the  claim  has  been  al- 
lowed and  voucher  issued  therefor,  where  the  treasurer  of  the  board  has 
failed  or  refused  to  pay  the  voucher.  The  remedy  of  mandamus  against 
the  treasurer  is  not  an  exclusive  remedy.  County  Board  of  Education 
of  Pulaski  Co.  v.  Jasper,  193  Ky.  222. 

"Where  there  is  a  written  offer  to  purchase  a  lot  and  school  building 
and  an  acceptance  of  the  offer  by  the  board  of  education  by  a  formal 
order  entered  on  its  records  the  purchaser  cannot  avoid  the  contract  on 
the  ground  that  the  purchase  included  the  furnishings  of  the  school 
building-.  Isaacs  v.  Jackson  County  Board  of  Education,  93  Ky.  695. 

Sec.  4309-8.  Under  this  section  the  whole  question  of  school  taxes  may 
be  left  to  the  voters  of  the  district,  without  limitation  on  either  the 
amount  of  property  or  poll  tax  which  may  be  levied,  or  as  to  the  number 
of  elections  which  may  be  held.  Christopher  v.  Robinson,  164  Ky.  262. 

The  board  of  education  has  authority  to  submit  the  question  whether 
the  electors  of  a  consolidated  boundary  will  vote  a  tax  for  a  school  house 
without  submitting  the  question  of  transportation  of  pupils.  Gibson  v. 
Anderson,  170  Ky.  664. 

Under  this  subdivision,  omissions  as  to  procedure  in  election  of  school 
trustees,  should  be  supplied  by  reference  to  other  sections  of  the  school 
law,  so  it  will  be  presumed  that  it  was  the  intention  to  follow  Sec.  4426 
as  to  the  election  of  school  trustees.  Travelstead  v.  Ray,  169  Ky.  706. 

Under  this  section  it  is  the  duty  of  the  county  board  of  education  to 
le'vy  a  tax  voted  at  the  consolidated  district  meeting-,  to  erect  necessary 
school  buildings.  Davis  v.  Anderson,  171  Ky.  544. 


60  KENTUCKY  SCHOOL  LAWS  1922 

and  financial  transactions  and  of  the  accounts  of  its  treasury 
by  special  accountant,  agent  approved  by  the  State  Superin- 
tendent or  by  the  State  Superintendent  himself,  and  the  re- 
sult of  this  audit  shall  be  made  public  by  the  county  board  of 
education  in  one  issue  of  some  paper  which  has  general  cir- 
culation in  the  county.  This  audit  shall  be  on  or  about  the 
close  of  the  school  year  as  directed  by  the  State  Superintend- 
ent of  Public  Instruction. 

Each  county  board  of  education  shall  make  all  reports  re- 
quired by  the  State  Board  of  Education,  and  the  State  Super- 
intendent of  Public  Instruction  at  such  times  and  upon  such 
blanks  as  may  be  prescribed  by  the  State  Board  of  Education 
and  the  State  Superintendent  of  Public  Instruction.  (Act  of 
March  22,  1920,  Sec.  9.) 

Section  70.  (§  4399a-10.)  Board  to  Appoint  County 
Superintendent — Term — Qualifications — Duties — Salary.  — The 
county  board  of  education  of  each  county  shall  appoint,  in 
1921,  a  county  superintendent  of  schools  for  a  term  of  not 
more  than  four  years  from  the  first  day  of  January  next  suc- 
ceeding his  appointment.  He  shall  hold  office  until  his  suc- 
cessor has  been  appointed  and  qualified.  No  person  shall  be 
eligible  to  the  office  of  county  superintendent  of  schools  who 
does  not  hold  a  proper  certificate  in  scholarship,  administra- 
tion and  supervision  as  provided  by  law,  provided  that  all 
county  superintendents  of  schools  holding  office  at  the  time 
that  this  Act  shall  take  effect  shall  continue  to  serve  to  the  end 
of  the  term  for  which  they  were  originally  elected,  and  until 
their  successors  are  appointed  and  qualified,  unless  removed 
as  provided  by  this  Act,  and  he  shall  be  eligible  for  reappoint- 
ment. 

The  county  superintendent  of  schools  shall  devote  his 
entire  time  to  the  public  school  business  and  shall  receive  such 
compensation  as  the  county  board  of  education  shall  direct  to 
be  paid  from  the  county  school  funds  in  monthly  installments, 
provided  that  no  county  superintendents  of  schools  appointed 
to  this  office  under  the  provisions  of  this  section  shall  be  paid 
a  salary  of  less  than  twelve  hundred  dollars  ($1,200.00)  per 
year.  In  case  of  vacancy  due  to  any  cause  the  county  board 


COUNTY  BOARD  OF  EDUCATION  61 

of  education  shall  fill  the  vacancy  and  the  appointment  shall 
be  for  the  unexpired  term  and  until  his  successor  shall  have 
been  appointed  and  qualified. 

The  county  superintendent  of  schools  as  executive  officer 
of  the  county  board  of  education  shall  see  that  the  laws  relat- 
ing to  the  schools,  the  by-laws,  rules  and  regulations  of  the 
State  Board  of  Education,  and  regulations  and  policies  of  the 
county  board  of  education  are  carried  into  effect. 

The  county  superintendent  of  schools  shall  recommend  for 
condemnation,  school  buildings  which  are  unsanitary  and  unfit 
for  use.  He  shall  recommend  the  repairs,  the  purchase  of 
grounds,  school  sites  and  grounds,  the  sale  of  same,  and  shall 
cause  to  be  prepared  all  plans  and  specifications  for  remodel- 
ing of  old  buildings,  provided  that  the  plans  and  specifications 
for  any  and  all  buildings  to  be  erected  in  said  county  shall  be 
submitted  to  the  State  Superintendent  of  Public  Instruction 
or  his  agent  for  approval. 

The  county  superintendent  shall  approve  in  writing  all 
contracts  of  any  kind,  entered  into  by  the  county  board  of 
education  and  no  contract  entered  into  by  the  county  board  of 
education  without  the  written  approval  of  the  county  superin- 
tendent of  schools  shall  be  valid. 

The  county  superintendent  of  schools  shall  be  the  repre- 
sentative of  the  State  Superintendent  of  Public  Instruction  in 
all  examinations  for  teachers'  certificates,  conducted  within 
the  county  and  shall  perform  such  duties  connected  therewith 
as  may  be  required  by  law.  (Act  of  March  22,  1920,  c.  36, 
Sec.  10.) 

(§  4399a-ll.)  County  Superintendent  to  Recommend 
Principals  and  Teachers — Transfers  and  Suspensions — Other 
Employees, — The  county  superintendent  of  schools  shall 
nominate  for  appointment  by  the  county  board  of  education 
all  principals,  all  assistant  principals  and  teachers  and 
shall  assign  them  to  the  positions  of  principals,  assistant  prin- 
cipals and  teachers  of  the  various  schools  of  the  county ;  trans- 
fer them  as  the  needs  of  the  school  require ;  recommend  them 
for  promotion;  suspend  them  for  cause  and  recommend  them 
>r  dismissal.  Provided,  nothing  herein  shall  be  construed  as 


62  KENTUCKY  SCHOOL  LAWS  1922 

affecting  the  present  law  for  the  employment  of  teachers  be- 
fore the  year  one  thousand  nine  hundred  and  twenty-one. 

The  county  superintendents  of  schools,  acting  under  the 
rule.*  and  regulations  of  the  county  board  of  education,  shall 
be  responsible  for  the  administration  of  the  office  of  the 
county  superintendents  of  schools.  He  shall  nominate  for  ap- 
pointment by  the  county  board  of  education  all  professional 
and  clerical  assistants  of  the  office,  but  the  qualifications  of 
all  such  appointees,  the  tenure  and  compensation,  except  as 
may  be  provided  by  law,  shall  be  determined  by  the  county 
board  of  education.  (Act  of  March  22,  1920,  Sec.  11.) 

Section  71.  (§  4399a-12.)  Attendance  Officer— Duties 
—Compensation — County  Superintendent  to  Prepare  the  Re- 
quired Budget  and  Reports. — There  shall  be  appointed  in  each 
county  at  least  one  attendance  officer  whose  duties  shall  be  to 
compel  the  regular  attendance  of  all  pupil  children  at  school  as 
provided  by  law.  Said  person  shall  receive  such  compensa- 
tion as  the  county  board  of  education  shall  direct.  Provided, 
however,  that  in  high  school  districts  the  respective  school 
boards  of  said  district  may  employ  out  of  their  own  funds,  a 
special  truant  officer,  who  may  be  any  peace  officer  in  said 
district. 

The  county  superintendent  of  schools  shall  take  the  initia- 
tive in  the  preparation  and  presentation  of  the  annual  school 
budget,  and  shall  seek  to  secure  adequate  funds  for  the  sup- 
port and  development  of  the  schools  of  the  county. 

The  county  superintendent  of  schools,  acting  as  the  execu- 
tive officer  of  the  county  board  of  education,  shall  conduct  the 
correspondence,  receive  all  reports  from  the  subdistrict  trus- 
tees, principals,  assistant  teachers  and  teachers,  and  shall  see 
that  all  reports  are  properly  made 'and  submitted.  He  shall 
prepare  or  cause  to  be  prepared  and  submitted  to  the  county 
board  of  education  for  adoption  all  reports  required  of  that 
body,  by  the  State  Board  of  Education  or  the  State  Superin- 
tendent of  Public  Instruction.  (Act  of  March  22,  1920,  Sec. 
12.) 

Section  72.     (§  4399a-13.)     Male  Citizens  Only  Subject  to 
County  School  Poll  Tax.— At  the  same  time  that  the  fiscal 


COUNTY  BOARD  OF  EDUCATION  63 

court  makes  the  ad  valorem  levy  demanded  by  the  county 
board  of  education,  it  shall  also  impose  upon  all  male  citizens 
over  21  years  -of  age  residing  in  the  territory  affected  by  the 
said  ad  valorem  tax,  a  capitation  tax  not  exceeding  one  dollar 
each.  It  shall  be  the  duty  of  the  sheriff  of  the  county  in  the 
same  manner  and  at  the  same  time  he  collects  other  State  and 
county  revenues,  to  collect  the  tax  imposed  under  the  provis- 
ions of  this  Act  and  after  deducting  his  commission  for  same 
as  now  allowed  by  law  and  provided  herein.  Provided,  how- 
ever, the  commission  allowed  the  sheriff  for  the  collecting 
said  tax  shall  not  exceed  one  per  cent  of  the  total  school  tax 
collected.  (Act  March  18,  1922,  amends  section  4399a-8.) 
Sections  4400-4403  repealed  March  18,  1912,  c.  117,  p.  399. 

Section  72a-l  (§  4434a-6  Ky.  St.)  School  Buildings  and 
Repairs.— (1)  The  County  Board  of  Education  shall  have  the 
power  to  purchase,  lease  or  rent  school  sites,  to  build,  to  repair 
and  to  rent  school  houses,  purchase  maps,  globes,  charts,  school 
furniture  or  other  apparatus  necessary  to  the  efficient  con- 
duct of  the  schools  of  the  county,  and  said  county  board  is 
hereby  vested  with  the  title,  care  and  custody  of  all  school 
houses,  sites,  or  other  property  belonging  to  the  districts  of 
their  several  counties,  and  when,  in  the  opinion  of  the  board, 
any  site  for  school  house  has  become  unnecessary,  they  may 
sell  and  convey  the  same  in  the  name  of  the  County  Board  of 
Education. 

(2)  It  shall  have  the  power  to  receive  any  gift,  grant  or 
donation  for  the  use  of  the  schools  within  their  respective 
counties,  and  all  conveyances  of  real  estate  which  shall  be 
made  to  said  County  Board  of  Education  shall  vest  the  prop- 
erty in  said  board  and  their  successor^  in  office  for  the  use 
and  benefit  of  the  schools  of  the  county. 

(3)  It  shall  have  the  power  to  condemn  any  real  estate 
necessary  for  school  purposes  in  any  district  and  may  proceed 


The  exclusive  management   of  the  public  schools   of  a  county  is  with 
the  County  Board  of  Education.     Spradlin  v.   Floyd  Co.,   etc.,   1G2  Ky.  677. 


64  KENTUCKY  SCHOOL  LAWS  1922 

to  do  so  in  the  manner  provided  for  by  law  for  the  condemna- 
tion of  lands  for  railroad  purposes.  (See  Sec.  111.) 

(§  4434a-7  Ky.  St.)  Payment  of  Old  Debts.— The  various 
County  Boards  of  Education  in  this  Commonwealth  shall  as- 
sume the  payment  of  any  legal  indebtedness  contracted  by  the 
old  boards  of  trustees  under  the  old  law,  and  prior  to  the  tak- 
ing effect  of  the  Act  of  1908,  by  compromise,  partial  payment, 
or  otherwise,  as  is  deemed  expedient  and  proper  by  said  Board 
of  Education.  Said  payments  to  be  made  out  of  the  general 
school  fund  of  the  county. 

This  law  shall  also  apply  to  common  school  sub-districts 
that  have  become  graded  common  school  districts  since  1908. 

(§  4437  Ky.  St.)  Titles  to  Land,— (1)  In  the  acquisition 
of  land  as  a  site  for  a  school  house,  the  title  thereof  shall  be 
made  in  fee  simple  to  the  County  Board  of  Education  and  the 
titles  to  the  land  now  used  for  sites  for  school  houses  shall, 
at  the  earliest  possible  time,  be  perfected  by  the  County 
Board  of  Education. 

(2)  Any  reversionary  interest  in  any  land  now  used  as 
a  site  for  a  school  house  shall  not  deprive  the  county  boards  of 
the  school  house  or  other  improvements  thereon. 

Section  72a-2.  (§  4439  Ky.  St.)  Securing  Site,  Erect- 
ing, and  Locating  School  House— Damages  For  Injury  to 
Property— Passways— Tolls— Pikes,—  (1)  The  County  Board 
of  Education  may  take  land  by  purchase  or  donation  for  the 
purpose  of  erecting  thereon  a  school  house,  provide  for  and 

Voluntary  payment  of  rent  of  school  house.  Supplies  furnished  by 
teacher  can  not  be  recovered  from  school  board.  Noble,  etc.  v.  Williams, 
etc.,  50  Ky.  439. 

The  authority  to  select  the  site  for  school  house  vests  solely  with  the 
County  Board  of  Education;  its  actions  in  that  respect  will  not  be  dis- 
turbed by  the  courts  unless  it  is  made  to  appear  that  the  board  has,  in 
the  selection  of  the  site,  abused  a  sound  discretion. 

The  County  Superintendent  being-  now  a  member  of  the  Board  of  Edu- 
cation, the  right  of  appeal  to  him  has  been  withdrawn.  Vincent,  etc. 
v.  Edmonson,  etc.,  169  Ky.  34. 

A  railroad  company  can  not  do  by  an  independent  contractor  what  it 
may  not  do  itself,  and  where  it  obtains  no  right  of  way  from  school 
property,  but  directs  its  independent  contractor  to  enter  thereon,  and  con- 
struct its  road  bed  and  injury  results  to  the  property,  the  railroad  com- 
pany as  well  as  the  independent  contractor  >s  liable,  each  being-  a  tres- 
passer. Lexington  &  Eastern  R.  R.  Co.  v.  Breathitt  Co.  Board  of  Ed., 
167  Ky.  541. 

A  school  district  is  "a  taxing  district  or  other  municipality"  within 
the  meaning  of  section  157  Constitution. 

This  section  authorizes  County  Boards  of  Education  to  assume  only 
legal  indebtedness,  according  to  section  157  Constitution.  Scobee,  etc.  v. 
County  Board,  etc.,  157  Ky.  510. 


COUNTY  BOARD  OF  EDUCATION  65 

secure  the  erection  of  the  same,  construct  such  out-buildings 
and  enclosures  as  shall  be  conducive  to  the  protection  of  the 
property  and  comfort  and  decency  of  the  pupils  and  teach- 
ers ;  make  repairs  and  provide  the  necessary  furniture  and 
apparatus ;  but  the  said  county  board  shall  not  buy  for  such 
use  property  in  which  it  is  either  directly  or  indirectly  in- 
terested. 

(2)  It   shall  have   power   to   recover   for   any   damages 
that  may  be   done  the  property  in  its   charge,   and  it   may 
change  the  location  of  the  school  house,  sell  or  dispose  of  the 
old  site,  and  use  the  proceeds  thereof  towards  procuring  a 
new  one. 

(3)  If  it  can  not  agree  with  the  owner  of  any  land  most 
suitable  for  a  school  house  site  as  to  the  price  and  terms  of 
purchase  and  sale  thereof,  it  may  have  the  same  condemned 
in  the  manner  provided  for  condemning  lands  for  the  use  of 
railroad  companies;  and  cause  a  deed  to  the  land  by  a  com- 
missioner to  be  made  tfr  the  county  board  and  its  successors ; 
which  deed  shall  be  duly  acknowledged  and  recorded  in  the 
office  of  the  clerk  of  the  county  court ;  and  thereupon  the  fee 
simple  title  to  said  lot  shall  vest  in  said  county  board  and  its 
successors  in  office;  but  it  shall  not  have  the  right  to  con- 
demn any  private  property  which  is  used  by  the  owner  as  a 
residence,  garden,  orchard  or  burying  ground.     The  quantity 
of  the  land  thus  condemned  shall  in  no  case  exceed  one  acre. 

(4)  A  majority  of  the   school  electors   of  any  district, 
within  thirty  days  after  the  location  or  site  has  been  selected 
by  the  county  board,  may  appeal  from  the  decision  of  the 
county  board  in  the  location  of  the  school  house,  or  site  for 
the  same,  to  the  County  Superintendent  of  the  county,  whose 
decision  in  the  case  shall  be  final. 

(5)  In  such  location  it  shall  be  made  as  near  as  practic- 
able to  the  center  of  the  district  as  will  be  convenient  of  ac- 
cess to  all  the  inhabitants  of  the  district;  and  the  trustees 
shall  make  provisions  for  such  roadways  or  passways  to  the 
school  house  as  will  accommodate  all  the  pupils  who  may  be 
entitled  to  attend,  and  may  apply  to  the  county  court  having 
jurisdiction  to  open  the  same  as  other  roadways  are  opened 

S.  L .— 3 


66  KENTUCKY  SCHOOL  LAWS  1922  m 

for  public  necessity  and  convenience.  But  where  there  is  no 
road  or  passway  from  the  residence  of  any  pupil  to  the  school 
house,  it  shall  be  lawful  for  such  pupil,  in  attending  school, 
to  walk  over  the  land  of  any  person  between  the  residence 
of  such  pupil  and  the  school  house. 

(6)  No   toll  shall  be   collected  of  any  pupil   child   for 
travel  upon  any  turnpike  road  while   attending   a   common 
school. 

(7)  That  the  governing  boards  of  the  respective  school 
districts  of  this  Commonwealth  be  and  they  are  hereby  em- 
powered to  receive  real  and  personal  property  by  gift  or  by 
will,  in  fee,  or  for  limited  uses  or  in  trust,  if  the  same  be  for 
use  in  the  cause  of  education  in  whole  or  in  part  within  their 
respective  districts;  and  shall  hold,  use  and  administer  said 
limited  use  funds  and  trust  funds,  principal  and  interest,  in 
strict   accordance   with  the   terms   of  the   respective   instru- 
ments of  gift  or  trust,  and  no  part  thereof  shall  ever  be  used 
for  any  purposes  other  than  those  provided  therein. 

(8)  Every  note  upon  the  use  or  investment  of  any  of 
said  funds  shall  be  by  call  of  ayes  and  nays  and  the  record 
shall  show  how  each  member  voted. 

(9)  The  principal  of  said  funds  shall  be  invested  and 
reinvested  from  time  to  time  by  the  board  in  the  bonds  of 
any  city,  county,  State  or  district  which  has  not  defaulted  its 
interest  within   twenty   years,    or  in  loans   secured  by   first 
mortgage  on  real  estate  worth  at  least  double  the  amount  so 
loaned   (but  no  such  loan  shall  ever  be  for  more  than  said 
property  was  assessed  for- taxes  the  preceding  year),  or  in 
the  purchase  of  substantially  improved  income-bearing  real 
estate,  taking  the  title  in  the  name  of  said  board  as  such 
trustee.    But  no  loans  shall  ever  be  made  to,  or  real  estate 
purchased  from  or  sold  to  any  member,  officer  or  employe  of 
the  board,  or  to  one  who  has  been  a  member,  officer  or  em- 
ploye within  one  year. 

(10)  Said    board    shall    make    an    itemized    statement 
under  oath  of  all  receipts,  disbursements,  assets  and  invest- 
ments of  each  and  all  such  funds  separately  in  January  of 
each  year  and  file  same  in  the  county  court,  and  shall  publish 


COUNTY  BOARD  OF  EDUCATION  67 

a  notice  that  it  has  done  so,  at  least  once  a  week  for  two 
weeks,  in  a  paper  of  general  circulation  in  the  district,  if 
there  be  such  a  paper,  and  in  addition  shall  post  a  copy  of 
such  notice  on  the  door  of  the  school  house,  if  it  be  a  rural 
school  district,  or  at  the  door  of  the  city  hall  or  court  house, 
if  it  be  a  city  district.  At  the  next  regular  county  court 
after  the  two  full  weeks,  the  report  shall  stand  for  exception 
or  confirmation  as  any  other  fiduciary  report  to  said  court. 

(11)  Any  member  of  said  board  who  shall  vote  for,  and 
any  officer  of  said  board  who  shall  certify  to  or  draw  a  check 
for  an  appropriation  in  violation  of  this  act  shall  thereby  be 
and  become  liable  for  the  restoration  of  the  amount  of  such 
wrongful  appropriation,  such  liability  to  be  enforced  in  an 
action  brought  by  the  board  or  by  any  citizen  of  the  district 
or  by  the  Superintendent  of  Public  Instruction  of  the  State, 
and  in  addition  thereto  shall  be  guilty  of  malfeasance  in  of- 
fice and  upon  conviction  shall  forfeit  his  office  and  may,  for 
each  offense,  be  fined  not  less  than  $50.00  nor  more  than  $1,- 
000.00,  or  imprisoned  from  one  year  to  five  years,  or  both  so 
fined  and  imprisoned  in  the  discretion  of  the  court — one-half 
of  said  fine  to  be  paid  over  by  the  collecting  officers  to  said 
board.  (See  Sec.  148  Graded  Schools.) 

Section  72a-3.  (§  4439a  Ky.  St.)  Seminary  Property 
May  be  Acquired  by  County  Board  of  Education. — The  trus- 
tees holding  the  legal  title  to  the  property  of  any  county 
seminary,  under  laws  enacted  and  in  force  prior  to  the  18th 
day  of  December,  1865,  by  a  majority  of  their  board,  the 
county  court  consenting  thereto  by  order  of  the  county 
judge,  entered  of  record  in  the  county  court,  are  hereby 
authorized  and  empowered  to  sell,  transfer  or  convey  by  deed 
the  title  held  by  such  trustees  to  such  county  seminary  prop- 
erty or  otherwise  dispose  of  it  as  to  them  may  seem  best,  to 
the  County  Board  of  Education,  or  to  the  board  of  trustees 
of  the  white  graded  common  school  district  in  which  such 
seminary  property  is  situated,  on  such  terms  and  conditions 
as  may  be  agreed  upon  by  both  parties ;  Provided,  that  when- 
ever such  county  seminary  property  shall  be  taken  over  by 
and  invested  in  the  County  Board  of  Education  or  the  said 


68  KENTUCKY  SCHOOL  LAWS  1922 

board  of  trustees  of  the  white  graded  common  school  dis- 
trict, as  authorized  in  this  section,  it,  or  the  proceeds  thereof, 
shall  be  used  or  disposed  of  by  such  County  Board  of  Educa- 
tion or  said  Board  of  Trustees  of  the  white  graded  common 
school  district,  for  the  benefit  of  all  the  white  pupils  in  the 
county,  in  such  a  way  as  to  make  good  to  them  their  interest 
in  such  seminary  'property. 

(§  4440  Ky.  St.)  Size  and  Value  of  House— Furniture. 
—  (1)  Each  school  house,  including  the  site,  furniture,  ap- 
paratus, shall  have  a  property  value  of  not  less  than  one  hun- 
dred and  fifty  dollars. 

(2)  Each  school  house  hereafter   erected  shall  have   a 
floor  space  of  not  less  than  ten  square  feet  to  each  pupil  in 
the  district;  shall  be  at  least  ten  feet  between  floor  and  ceil- 
ing ;  shall  have  at  least  four  windows,  one  or  more  fire  places, 
with   chimneys,  made   entirely   of  brick   or  stone,   or  a  suf- 
ficient number  of  stoves  or  other  heating  apparatus  with  safe 
flues,   to  warm   the   room  in  coldest   weather,   one    or  more 
doors,  with  locks  and  keys,  which  shall  be  kept  during  the 
vacations  by  subdistrict  trustees,  who  shall  be  liable  for  any 
dam'age  occurring  on  account  of  neglect. 

(3)  The  County  Board  of  Education  shall  furnish  each 
school  house  with  at  least  the  following  articles  of  furniture 
and   apparatus,   and   the   teacher   shall,   at   the   close   of   the 
school  each  year,   deliver  a   complete  inventory  of  the   said 
articles  to  the  subdistrict  trustee:    Teacher's  desk  and  chair, 
a  seat,  patent  or  otherwise,  with  back,  for  each   child,   the 
height  of  the  seat  and  its  back  to  suit  the  age  of  the  child; 
no  desk  or  bench  to  be  made  to  accommodate  more  than  two 
children;  writing  desk  for  all  pupils;  blackboard  space  of  at 
least  fifty  square  feet;  water  stand;  and  the  County  Board 
of  Education  may  furnish  gong  or  call  bell ;  terrestrial  globe, 
wall  map  of  the  world,  wall  map  of  the  United  States,  and  a 
wall  county  map  of  Kentucky  and  such  charts  upon  reading, 
writing,  physiology,  etc.,  as  the  County  Board  of  Education 
may  select ;  and  the  County  Board  of  Education  is  authorized 
to  have  said  houses  and  furniture  insured  against  damage  by 
fire  or  other  casualty,  the  expenses  incurred  from  such  insur- 


COUNTY  BOARD  OF  EDUCATION  69 

ance  to  be  paid  out  of  the  funds  raised  for  general  county 
purposes. 

Section  72b.  (§  4434a-12  Ky.  St.)— Supervisors  of  Rural 
Schools — Appointment,  Duties. — The  county  board  of  educa- 
tion shall  have  power  to  provide  whenever  it  deems  wise  for 
the  employment  of  supervisors  for  the  rural  schools  under  the 
supervision  of  the  County  Superintendent.  It  shall  be  the  duty 
of  the  said  supervisors  to  assist  in  supervising  the  rural 
schools,  to  act  as  substitute  teachers  under  the  direction  of  the 
County  Superintendent  and  to  act  as  truant  officer  in  accord- 
ance with  the  laws  governing  the  attendance  of  pupils  in  the 
rural  schools  and  with  such  other  rules  and  regulations  as 
may  be  made  according  to  law  by  the  County  Board  of  Edu- 
cation. The  county  board  of  education  shall  have  power  to 
pay  the  necessary  expenses  of  the  County  Superintendent 
and  the  said  supervisors  of  rural  schools  while  in  the  discharge 
of  official  duties.  (March  18,  1912,  C.  117,  p.  399,  as  amended 
March  18,  1916,  C.  24,  p.  165). 

A  county  board  may  contract  with  a  city  board  for  fee  tuition  of 
county  pupils  in  the  city  higrh  school;  it  is  not  necessary  that  the  hig-h 
school  be  under  the  control  of  the  county  board.  Co.  Board  of  Education. 
Christian  County  v.  Bd.  of  Trustees  of  Hopkinsville  Public  Schools, 
154  Ky.  309. 

A  teacher  under  a  verbal  employment,  made  pursuant  to  a  resolution 
of  a  county  board  of  education,  taught  a  school.  He  could  not  recover 
for  his  services.  Co.  Board  of  Education  v.  Dudley,  154  Ky.  426. 

The  board  of  trustees  of  a  graded  school  and  the  county  board  of  edu- 
cation may  enter  into  a  contract  by  which  a  school  building-  may  be 
erected  and  a  joint  school  conducted  in  it  under  the  management  of  the 
two  boards.  The  contract  may  provide  that  the  building-  be  paid  for  in 
part  by  the  board  of  education  and  in  part  by  bonds  issued  by  the  graded 
school  district  under  section  4481.  Munfordville  Mercantile  Co.  v.  Board 
of  Trustees,  District  No.  29,  155  Ky.  382. 

A  county  has  no  cause  of  action  asrainst  a  superintendent  of  schools 
for  money  belonging-  to  the  school  fund  appropriated  by  the  superintend- 
ent during-  her  incumbency.  Leslie  County  v.  Hoskins,  175  Ky.  821. 

The  control  and  distribution  of  school  funds  by  the  board  of  educa- 
tion when  they  act  within  the  scope  of  the  statute  are  in  its  own  discre- 
tion. If  it  makes  an  order  on  its  books  in  advance  of  its  application  to 
the  fiscal  court  for  school  funds,  showing-  the  purpose  to  which  the  funds 
will  be  applied,  it  may  afterwards  revoke  this  order.  Spradlin  v.  Floyd 
County  Board  of  Education,  162  Ky.  677. 

Under  this  section  the  board  of  education  has  discretion  in  the  use 
to  be  made  of  school  funds,  and  apply  them  to  the  best  interests  of  the 
schools  of  the  county,  and  such  discretion  can  not  be  controlled  by  in- 
junction at  suit  of  a  citizen  of  a  school  district.  Spradlin  v.  Floyd  County 
Board  of  Education,  162  Ky.  677. 

In  view  of  this  section,  a  county  superintendent  of  schools  who  re- 
ceives a  railroad  tax  levied  for  the  benefit  of  a  school  district  is  required 
to  pay  over  to  the  county  board  of  education  that  part  of  the  tax  to  which 
a  colored  common  school  is  entitled,  and  such  payment  should  be  made  to 
the  trustees  of  such  colored  school.  Board  of  Education  of  Honkins 
County  v.  Board  of  Trustees  of  Earlington  Graded  School,  171  Ky.  125. 


Chapter  VII. 


COUNTY  SUPERINTENDENT 


Sec.  73.  Duty  to  cause  census  to 
be  made— report. 

Sec.  74.  Duty  to  see  that  records 
are  properly  kept. 

Sec.  75.  Text  books  for  indigent 
children. 

Sec.  76.  Duty  to  report  to  State 
Superintendent. 

Sec.  76.  Teachers'  Salaries  due 
when. 

Sec.  77.    Penalty   for -false   report. 

Sec.  77.  Settlement  to  be  made  an- 
nually. 

Sec.  77a.  Penalty  for  failure  to 
make  annual  report. 

Sec.  78.  Property  devised  to  coun- 
ty schools,  etc. 


Sec.  79.  Boundary  of  school  dis- 
tricts to  be  furnished 
railroads,  etc. 

a.  Duty    to    collect    railroad 
and  bridge  taxes. 

b.  To    turn    over    books    to 
successor. 

Sec.  79a.  County  Board  of  Exam- 
iners. Appointment  and 
duties. 

Sec.  79a-l.  Teachers'  examinations. 

Sec.  79a-2.  Penalty  for  bartering 
examination  questions. 

Sec.  79a-3.  Clerk  to  supply  copy  of 
order. 

Sec.  79a-4.  County    library. 

Sec.  79a-5.  Library  committee. 

Sec.  79a-6.  District  library. 

Sec.  79a-7.  Trustees  to  control. 


Section  73.  (§  4404  Ky.  St.)  Census  Report  of  School 
Children — Notice  of  Change  in  District  Boundaries. — It  shall 
be  the 'duty  of  each  County  Superintendent,  on  or  before  the 
first  day  of  June,  each  year,  to  prepare,  mail  to,  and  cause  to 
be  placed  in  the  hands  of  the  Superintendent  of  Public  In- 
struction a  report,  certified  by  the  county  judge  or  clerk, 
that  the  report  is  a  correct  statement  as  shown  from  the  cen- 
sus on  file  in  the  office  of  the  clerk  of  the  county  court,  show- 
ing the  whole  number  of  children,  between  the  ages  of  six 
and  eighteen  years,  residing  in  his  county,  and  the  whole 
number  residing  in  each  subdistrict,  including  each  city,  and 
each  independent  district  described  by  its  number;  and  he 
shall  be  individually  responsible  to  the  County  Board  of 
Education  by  reason  of  any  error  made  by  said  Superintend- 
ent in  reporting  the  census  thereof. 

He  shall  superintend  the  census  taken  during  the  month 
of  April  by  the  trustees,  and  not  later  than  the  twentieth  of 
March  of  each  year  shall  notify  the  trustee  that  the  bound- 
aries of  the  subdistrict  are  as  recorded  for  the  past  year  in 
the  trustees'  register;  or,  if  any  changes  have  been  made, 
shall  give  to  the  trustee  exact  notice  of  such  changes,  and,  in 
due  time,  see  that  the  said  changes  are  included  in  the  de- 
scription of  the  boundary  entered  in  the  trustees'  register. 


COUNTY  SUPERINTENDENT  71 

At  the  time  of  such,  notice  he  shall  give  the  said  trustees 
printed  or  written  instructions  for  taking  the  census;  caution 
him  against  reporting  persons  not  legally  belonging  thereto, 
and  calling  his  attention  to  section  94  of  this  act. 

He  shall  base  his  report  upon  the  census  taken  during 
the  month  of  April,  and  reports  thereof  made  to  him  by  the 
subdistrict  trustees  and  if  such  reports  are  not  in  from  the 
subdistrict  by  the  tenth  of  May,  the  County  Superintendent 
shall  take,  or  have  the  census  of  such  subdistrict  taken,  the 
cost  of  which  shall  be  paid  out  of  the  county  levy,  and  the 
fiscal  court  may  recover  from  the  delinquent  trustee  the 
amount  so  paid.  (March,  1918,  C.  138,  p.  574.) 

Section  74.  (§  4404a  Ky.  St.)  Duties  as  to  Condemna- 
tion of  School  Houses  and  School  Visitation.— (1)  He  shall 
condemn  any  school  house  which  is  dilapidated,  unhealthy, 
or  ortherwise  unfit  to  be  occupied  for  the  purpose  of  a  com- 
mon school,  and  any  fence  or  other  inclosure  of  a  school 
house  when  such  inclosure  is  for  any  reason  insufficient  for 
the  protection  of  the  house  or  grounds.  He  shall  condemn 
all  school  furniture  or  apparatus  insufficient  in  quantity  or 
not  of  the  required  character,  and  order  the  same  replaced 
with  the  proper  furniture  and  apparatus  as  described  in  sec- 
tion 115  of  this  act.  He  shall,  within  thirty  days  after  such 
condemnation,  notify  the  County  Board  of  Education  in  writ- 
ing. 

(2)  He  shall  at  least  once  a  year  make  an  official  visit 
to  each  sub-district  school  of  his  county,  but  shall  not  make 
more  than  three  such  official  visits  in  any  one  day.  At  the 
time  of  such  visit  he  shall  note  in  a  book,  to  be  kept  for  that 
purpose,  the  number  of  pupils  in  attendance;  the  number 

County  superintendent  is  no  longer  an  elective  officer.  The  County 
Board  of  Education  has  immediate  supervision  over  the  county  schools, 
and  the  superintendent  is  largely  responsible  to  the  board.  Whenever 
this  section  and  the  following-  sections  relating  to  the  county  superin- 
tendent conflict  with  the  Acts  of  1920  and  1922  they  must  give  way.  See 
Chapter  V  in  this  compilation. 

Sec.  4404.  Reports  by  superintendent.  It  was  held  that  the  provision 
of  the  Act  of  1884,  requiring  the  superintendent  to  make  his  report  show- 
ing number  of  children  in  his  county  on  or  before  the  flrst  day  of  June, 
was  only  directory.  Pickett  v.  Harrod,  86  Ky.  485,  9  R.  687;  and  see  Pickett 
v.  Adams,  12  R.  957. 

No  one  can  acquire  the  right  to  remain  in  a  common  school  district  by 
prescription.— Trustees,  etc.  v.  Young,  105  Ky.  299.  (See  Sees.  121,  88.) 


72  KENTUCKY  SCHOOL  LAWS  1922 

absent,  and  the  cause  of  absence ;  the  names  of  children  unable 
to  purchase  books;  the  conditions  of  the  school  house,  furni- 
ture, apparatus,  grounds,  and  appurtenances ;  the  qualification 
and  efficiency  of  the  teacher ;  the  conduct  and  standing  of  the 
pupils;  the  method  of  instruction;  the  discipline  and  govern- 
ment of  the  school.  In  the  visits  to  the  school  he  shall  advise 
with  the  teachers  and  give  them  such  instruction  regarding 
discipline  and  teaching  as  he  may  deem  necessary. 

(3)  He  shall  counsel  the  trustees  and  see  that  they  dis- 
charge their  duties,   especially  in  securing  full  and  regular 
attendance. 

(4)  He  shall  admonish  the  teacher  found  remiss  of  duty 
in  the  matter  of  cleanliness  of  house,  preservation  of  furni- 
ture and  necessary  ventilation  and  complain  to  the  trustees 
in  case  of  gross  neglect  of  duty  in  these  respects. 

(5)  He  shall  examine  the  teacher's  register  and  grade 
book,  and  the  trustees'  register;  if  the  boundary  of  the  dis- 
trict is  not  correctly  given,  he  shall  write  it  in  said  book  him- 
self, see  that  the  records  are  properly  kept,  and  the  boundary 
of  the  district,  the  contract  with  the  teacher,  the  levy  of  a 
tax,   if  any,   and  the   official  visits   and  proceedings   of  the 
trustees  are  properly  recorded,   and  by  every  means  in  his 
power  strive  to  promote  and  advance  the  cause  of  common 
schools.     (March  18,  1916,  C.  24,  p.  162.) 

Section  75.  (§  4405  Ky.  St.)  Text  Books  for  Indigent 
Children — Supplied  by  County  Judge — Duties  of  Superin- 
tendent.— (1)  It  shall  be  the  duty  of  each  County  Superin- 
tendent, before  the  opening  of  the  schools  each  year,  and  from 
time  to  time,  by  personal  observation  or  from  trustees  and 
teachers  and  otherwise,  to  ascertain  the  number  and  cost  of 
text-books  upon  each  of  the  common  school  branches  needed 
by  the  indigent  children  of  each  sub-district  and  of  the 
county  for  use  in  the  common  schools,  and  shall  report  to 
the  County  Judgte  the  number  and  kind  of  books  needed, 
when  the  County  Judge  shall  purchase  the  books  and  pay 
for  them  by  an  allowance  made  by  the  fiscal  court  of  the 
county;  the  County  Judge  shall  then  turn  them  over  to  the 
County  Superintendent  for  distribution,  taking  receipt  for 


COUNTY  SUPERINTENDENT  73 

the  number  and  value  of  the  books,  but  the  cost  of  said  books 
shall  not  exceed  the  aggregate  of  two  hundred  dollars  in  any 
county  per  annum 

(2)  It  is  hereby  made  the  special  duty  of  the  County 
and  City  School  Superintendent  of  common  schools  to  report 
to  the  County  Judge  the  names  of  all  such  indigent  children 
furnished  them  by  trustees,  and  to  see  that  the  provisions  of 
this  section  are  faithfully  executed.  (March  18,  1916,  C.  24, 
p.  162.) 

Section  76.  (§  4406  Ky.  St.)  Superintendent  and  Trus- 
tees to  Report  Additional  Facts. — County  Superintendents 
and  trustees  of  common  schools  shall  report  facts  additional 
to  those  now  required  to  be  reported,  whenever,  in  the  judg- 
ment of  the  board  or  of  the  Superintendent  of  Public  Instruc- 
tion, the  interest  of  the  common  schools  of  the  State  shall  in- 
dicate the  necessity  therefor.  (March  18,  1916,  C.  24,  p.  162.) 

(§  4407  Ky.  St.)  Teachers—Payment  of— Cities  Organ- 
ized as  Single  Districts. — (1)  Each  County  Superintendent 
of  common  schools  shall,  on  the  second  Saturday  in  October, 
reckoning  school  months  of  twenty  days,  pay  the  amount  due 
each  teacher  of  a  common  school  for  the  month  or  months 
completed  but  not  for  any  fraction  of  a  month,  except  as 
provided  in  section  189  of  this  act,  on  the  certificate  of  the 
trustee  for  the  sub-district  and  the  chairman  of  the  educa- 
tional division  that  the  school  has  been  legally  taught  for 
that  period;  and  thereafter  the  County  Superintendent  shall, 
on  the  second  Saturday  of  each  calendar  month,  pay  the 
salary  due  each  teacher  of  a  common  school  for  the  previous 
month  or  months  not  previously  paid  for,  on  the  certificate 
of  trustee  for  the  subdistrict  and  the  chairman  of  the  educa- 
tional division  that  the  school  has  been  legally  taught  for  the 
period  specified:  Provided,  That  all  of  said  payments  shall 
be  made  to  the  teacher  personally  or  on  written  order,  and 
that  last  payment  shall  be  made  for  the  entire  balance  due 

OPINION   OF   THE   ATTORNEY   GENERAL 

City  School  Superintendents  should  furnish  the  names  of  all  indigent 
children,  who  need  school  books,  to  the  county  judge,  and  the  county 
school  superintendent  should  furnish  the  names  of  such  children  in  the 
county  outside  of  the  city.  They  should  then  be  furnished  to  the  county 
superintendent  who  should  turn  over  to  ihe  city  school  superintendent  the 
necessary  books  for  such  children  in  the  ciiy. 


74  KENTUCKY  SCHOOL  LAWS  1922 

the  teacher,  including  the  undistributed  surplus  and  interest 
on  the  county  bond;  and  that  any  teacher  who  may  violate 
his  contract  with  the  Division  Board  by  refusing  to  continue 
his  school  shall  forfeit  any  fractional  salary  that  may  be  due 
him. 

(2)  In  cities  and  towns  organized  as  single  districts, 
and  reporting  direct  to  the  Superintendent  of  Public  In- 
struction, the  provisions  of  this  section  shall  equally  apply, 
or  such  city  or  town  may  receive  in  January  the  whole 
amount  due  it  if  it  shall  so  desire.  In  either  case  the  pres- 
ident or  chairman  of  the  school  board  of  such  cities  or  towns 
shall  make  the  report  required  of  them  by  law,  under  oath, 
direct  to  the  Superintendent  of  Public  Instruction,  and  he 
shall  draw  his  warrant  on  the  Auditor, of  Public  Accounts  in 
favor  of  the  Treasurer  of  such  school  board,  which,  when  ap- 
proved and  countersigned  by  the  Superintendent  of  Public 
Instruction,  shall  entitle  such  treasurer  to  a  warrant  on  the 
treasury  of  the  State  for  the  amount  thereof;  and  the  said 
Treasurer  and  securities  shall  be  accountable  for  the  same 
upon  his  official  bond,  in  any  action  by  such  School  Board, 
of  which  the  Superintendent  of  Public  Instruction  shall  be 
officially  notified.  (See  Sees.  9,  10,  11.  Certificates  to  teach 
in  school  organized  by  special  act.  See  notes,  Sec.  91. 
March  18,  1916,  C.  24,  p  162.) 

Section  77.  (§  4408  Ky.  St.)  Superintendent— Punish- 
ment for  False  Report.— (1)  Any  County  Superintendent 
who  shall  knowingly  and  wilfully  report  to  the  Superintend- 
ent of  Public  Instruction  a  number  of  common  schools  as 
having  actually  been  taught  in  his  county  greater  than  the 
number  of  schools  having  actually  been  taught  herein  according 
to  law,  or  a  number  of  children  entitled  to  tuition  in  his  county 
greater  than  the  actual  number  of  such  children,  or  otherwise 
knowingly  or  wilfully  misstate  any  fact  or  facts  which  he  is,  or 

Sec.  4407.  Teachers  who  have  not  received  certificates  to  teach  are  not 
entitled  to  be  paid  out  of  the  common  school  fund.  Posey  v.  Board  of 
Trustees,  19  R.  466,  38  S.  W.  1063. 

A  teacher  had  a  contract  with  a  division  board  of  trustees  to  teach 
a  public  school  for  a  term  of  six  months;  the  school  building:  was  de- 
stroyed by  fire  before  the  expiration  of  the  six  months  and  no  other  build- 
ing1 was  provided.  The  teacher  had  no  right  of  recovery  for  the  salary 
for  the  remainder  of  the  term.  Vaughn  v.  Hindman,  145  Ky.  507. 


COUNTY  SUPERINTENDENT  75 

may  be  hereafter,  required  by  law  to  report  to  the  Superin- 
tendent of  Public  Instruction,  shall  be  deemed  guilty  of  a 
felony,  and,  upon  conviction  thereof,  be  fined  in  a  sum  not  less 
than  two  hundred  nor  more  than  five  hundred  dollars,  or  im- 
prisoned in  the  penitentiary  not  less  than  one  nor  more  than 
ten  years,  or  both  fined  and  imprisoned  in  the  discretion  of 
the  jury,  and  be  removed  from  office. 

(2)  And  all  sums  recovered  from  him  by  due  process  of 
law,  or  by  voluntary  surrender  of  the  excess  taken  by  him, 
shall  be  paid  into  the  school  fund. 

(§  4409  Ky.  St.)  Settlement  With  County  Judge— Money 
Not  Paid  Out  Returned  to  Treasurer — Penalty — Duty"  of 
County  Judge. — (1)  Each  County  Superintendent  shall  on  or 
before  the  first  day  of  August,  annually  settle  his  accounts  for 
the  previous  school  year  with  the  County  Judge  of  his  county 
and  forward  a  copy  of  said  settlement,  certified  by  the  clerk 
of  said  court  to  be  correct,  to  the  Superintendent  of  Public 
Instruction.  Said  settlement  shall  embrace  all  sums  received 
since  the  date  of  his  last  settlement  by  said  County  Superin- 
tendent for  the  benefit  of  common  schools  taught  during  the 
school  year ;  a  full  statement  of  all  such  sums  paid  out  by  him, 
for  what,  to  whom,  and  when  paid;  and  should  any  part  of 
said  fund  received  by  him  as  aforesaid  remain  uncalled  for, 
and  not  be  paid  out,  he  shall  immediately  refund  said  amount 
to  the  State  Treasurer,  stating  why  it  was  not  paid  out  and  at 
the  same  time  notify  the  Superintendent  of  Public  Instruction 
that  he  has  refunded  the  said  amount,  that  he  may  give  said 
County  Superintendent  proper  credit  on  his  books  for  said 
amount  refunded. 

(2)  The  receipt  of  the  Auditor  for  money  refunded  shall 
be  sufficient  voucher  with  the  County  Judge  in  said  settle- 
ment. 

(3)  Should  a  copy  of  such  settlement  fail  to  reach  the 
Superintendent   of  Public   Instruction  by  the  tenth  of  that 
month  it  shall  be  his  duty  to  notify  the  County  Judge  and  the 
delinquent  County  Superintendent  of  the  fact;  and  upon  re- 
ceiving such  notification  it  shall  be  the  duty  of  the  judge,  in 
case  settlement  shall  not  have  been  made,  immediately  to  com- 


76  KENTUCKY  SCHOOL  LAWS  1922 

pel  a  settlement  by  attachment,  as  in  cases  of  contempt,  and  a 
copy  thereof  to  be  forwarded  to  the  Superintendent  of  Public 
Instruction. 

(4)  For  his  wilful  failure  to  pay  out  to  those  entitled 
thereto  any  money  in  his  hands  for  the  space  of  thirty  days 
after  the  same  shall  be  received  by  him,  or  for  his  wilful 
failure  to  make  the  aforesaid  settlement  by  the  time  required 
by  law,  the  County  Superintendent  shall  be  guilty  of  misde- 
meanor and  being  indicted  and  convicted  thereof  he  shall  be 
fined  in  a  sum  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars,  as  well  as  remain  liable  on  his  official  bond, 
and  may  be  removed  from  office. 

Section  77a.  (§  4410  Ky.  St.)  Report  to  be  Made  An- 
nually— Penalty  for  Failure — Present  at  Office. — (1)  He  shall, 
on  or  before  the  first  day  of  August,  prepare  and  mail,  and 
cause  to  be  placed  in  the  hands  of  the  Superintendent  of  Pub- 
lic Instruction,  his  official  report,  showing,  in  tables  of  details 
and  aggregates,  the  school  sub-districts  of  his  county  by  num- 
ber, the  name  and  address  of  the  trustee  of  each  sub-district, 
with  date  at  which  each  one's  term  expires;  the  sub-districts 
in  which  schools  were  taught,  and  the  length  of  time  taught ; 
the  highest,  lowest,  and  average  of  number  of  children  at 
school;  the  cost  of  tuition  of  each  child  for  the  session  and  per 
month ;  the  number  of  private  schools,  academies  and  colleges 
taught  in  the  county,  and  length  of  session  of  the  same ;  the 
number  of  teachers  employed — male,  female  and  total — for  the 
common  schools;  the  average  wages  for  male  teachers,  female 
teachers,  and  total  teachers  per  month ;  the  name  and  address 
of  teachers  resident  in  this  county,  with  grades  of  certificates 
of  each;  the  amount  of  money  raised  for  common  school  pur- 
poses in  the  county,  by  local  tax  or  otherwise,  and  for  what 
the  same  was  disbursed ;  the  number  and  kind  of  school  houses, 

OPINION   OF   THE   ATTORNEY   GENERAL 

The  county  clerk's  fees  for  recording-  the  settlement  made  by  the 
county  superintendent  with  the  fiscal  court  should  be  paid  out  of  the 
county  fund,  and  not  out  of  the  school  funds. 

Sec.  4409.  Settlement  of  Accounts— Indictment— Evidence.  Tracy  v. 
Com.,  25  Ky.  669. 

Under  this  section  and  section  4426a,  subsections  9,  18,  where  the  dis- 
cretion of  school  officers  has  not  been  reasonably  exercised  in  regard  to 
the  expenses  of  the  county  superintendent  or  in  the  manner  of  allowing- 
them,  courts  will  interfere  on  proper  application.  Beauchamp  v.  Snider, 
170  Ky.  220. 


COUNTY  SUPERINTENDENT  ?? 

and  the  value  of  each;  the  number  of  sub-district  libraries, 
also  county  library,  if  any,  and  number  of  volumes  in  each, 
and  the  increase  during  the  year ;  the  amount  he  has  received 
for  official  compensation  and  expenses.  , 

(2)  For  wilful  failure  to  be  present  at  his  office  at  the 
time  appointed  to  receive  reports,  or  for  failing  to  make  the 
reports  herein  required,  he  shall  be  fined  a  sum  not  exceeding 
fifty  dollars.  (See  Sees.  63,  122,  201.) 

(§  4411  Ky.  St.)  Record  of  Official  Acts  Subject  to  In- 
spection.— Each  County  Superintendent  shall  keep  a  detailed 
account  of  all  money  received  and  disbursed  by  him ;  a  record 
of  all  business  transacted  by  him  as  County  Superintendent, 
together  with  the  reports  of  the  trustees ;  the  names,  numbers 
and  description  of  school  sub-districts,  and  all  other  papers 
and  documents  connected  with  his  office,  at  all  times  subject 
to  inspection  and  examination  by  any  school  officer  or  other 
person  interested  in  any  question  pertaining  to  the  common 
schools.  (See  Sec.  41.) 

Section  78.  (§  4412  Ky.  St.)  Devise  of  Gift  to  Schools 
of  County — Duty  Concerning'. — Any  devise,  gift  or  donation 
of  any  real  or  personal  estate  in  aid  of  the  common  schools  of 
any  county  of  this  State  shall  be  held  in  trust  by  the  County 
Superintendent,  and  he  shall  be  required  to  make  settlement 
in  regard  thereto,  in  the  same  manner  in  which,  and  at  the 
time  when,  he  makes  settlement  in  regard  to  the  money  re- 
ceived from  the  revenue  of  the  school  fund;  and  he  shall  send 
a  copy  of  such  settlement  to  the  Superintendent  of  Public  In- 
struction. This  section  has  been  repealed  by  implication. 
County  bo'ard  now  receives  gifts  and  devise's  for  benefit  of 
common  schools. 

(§  4413  Ky.  St.)  Oath  •  May  be  Administered  by.— A 
County  Superintendent  may  administer  the  oath  required  of  a 
trustee  or  of  a  teacher  of  common  schools,  or  other  persons 
required  to  make  oath  in  matters  relating  thereto.  (See  Sees. 
62,  92,  177.) 

(§  4414  Ky.  St.)  Administering  Oath  to  Trustees— Re- 
cord Concerning — Notice. — (1)  He  shall  administer  the  oath 
of  office  to  trustees-elect  applying  to  him  for  that  purpose; 


78  KENTUCKY  SCHOOL  LAWS  1922 

but  it  shall  be  lawful  for  any  justice  of  the  peace,  or  other 
person  authorized  to  administer  oaths,  to  administer  the  oath 
of  office  to  any  trustee ;  but  said  oath  shall  not  be  valid  unless 
reported  in  writing  to  the  County  Superintendent  by  said  Jus- 
tice or  other  person  within  ten  days  from  the  time  when  ad- 
ministered. 

(2)  He  shall  make  a  record  of  the  names  of  trustees  then 
qualified,  showing  the  sub-districts  in  which  they  were  elected, 
and  the  postoffice  of  each.    He  shall,  at  the  time,  deliver  to  the 
trustee  of  each  subdistrict  such  blanks  as  they  will  need  for  the 
coming  school  year,  and  give  such  information  with  regard 
to  their  duties  as  may  be  requested. 

(3)  He  shall  address  all  official  correspondence  to  the 
trustees.    Notice  to  them  shall  be  regarded  as  notice  to  the 
people  of  the  sub-district,  and  it  shall  be  the  duty  of  the 
trustee  to  notify  the  people.     (See  Sec.  61.) 

(§  4415  Ky.  St.)  Attendance  at  Office.— It  shall  be  the 
duty  of  the  County  Superintendent  to  be  in  attendance  at  his 
office,  at  the  county  seat,  on  the  second  Saturday  of  each 
month,  and  at  such  other  times  as  may  be  necessary,  to  trans- 
act his  official  business. 

(§  4416  Ky.  St.)  Penalty  for  Buying  Teachers'  Claim  or 
Acting1  as  Text-Book  Agent. — No  County  Superintendent  shall 
be  allowed  to  buy,  for  himself,  or  another,  any  teacher's  claim, 
directly  or  indirectly,  or  to  act  as  agent  for  the  sale  of  any 
text-book.  Any  superintendent  guilty  of  violating  this  sec- 
tion shall  be  fined  not  less  than  one  hundred  nor  more  than 
one  thousand  dollars  for  each  offense.  (See  Sec.  124.) 

Sec.  4414.  Trustee  duly  elected  who  takes  oath  is  the  legal  trustee 
although  no  record  of  his  qualification  is  made.  Graham  v  Jackson  112 
Ky.  883,  23  R.  2235,  66  S.  W.  1009;  and  see  Meadors  v.  Patrick,  22  R.  95.' 

The  county  superintendent  is  authorized  to  declare  the  office  of  school 
trustee  vacated  for  failure  to  return  the  certificate  of  qualification  within 
the  proper  time,  but  he  also  may  recognize  the  trustee  if  he  has  in  fact 
taken  his  oath.  Dotson  v.  Stratton,  18  R.  534,  S.  W.  147. 

Neither  a  parole  resignation  by  a  school  trustee  nor  a  written  resigna- 
tion, to  which  his  name  was  signed  by  another,  is  valid. 

If  a  trustee   took   the   oath    of   office   before   a  county   superintendent 
and  his  record  fails  to  show  that  fact,   it  does  not  deprive  the  trustee  of 
his  right  to  the  office.     Graham,  etc.  v.  Jackson,  etc.,  112  Ky.  883. 

Sec.  4416.  Under  this  section  and  section  4440a,  the  county  board  of 
education  can  not  allow  a  county  superintendent  for  livery  bill,  where 
she  used  her  own  horse  and  buggy.  Beauchamp  v.  Snider  170  Ky  220 

Sec.  4417.  Repealed  March  22,  1920,  c.  36,  p.  148,  sees.  7  and  11.  See  new 
Ky.  Statutes,  sees.  4399a  and  4399a-ll. 


COUNTY  SUPERINTENDENT  79 

Section    79.     (§    4420a-l    Ky.    St.)     Superintendent    of 
Schools  and  Clerk  to  Furnish  Boundary  to  Company. — (1)  It 

shall  be  the  duty  of  the  County  Superintendent  of  county 
schools  in  each  county  in  which  a  railroad  or  bridge  is  operated 
to  furnish,  on  or  before  the  first  day  of  July  of  each  year,  to 
such  railroad  or  bridge  company  or  companies  the  boundary 
of  each  graded  or  common  school  district  through  or  into 
which  any  part  of  such  railroad  or  bridge  or  other  railroad  or 
bridge  property  is  situated ;  and  the  county  clerk  of  any  county 
containing  any  other  taxing  district  through  or  into  which  any 
railroad  or  bridge  company  is  located  shall  make  a  similar  re- 
port to  such  railroad  or  bridge  company. 

Sec.  4417.  Teacher  can  not  be  removed  without  giving  notice  required 
by  this  section  and  affording-  teacher  an  opportunity  to  be  heard  Wilson 
v.  Kite,  21  R.  1199,  54  S.  W.  726;  and  see  further  as  to  removal  of  teacher. 
Bowman  v.  Ray,  118  Ky.  110,  sec.  4503  and  note. 

When  a  trustee  who  has  been  removed  by  the  county  superintendent 
appeals  to  the  State  Superintendent  who  reverses  the  decision  of  *he 
county  superintendent  all  acts  of  the  trustee  after  his  removal  by  the 
county  superintendent  and  pending"  the  appeal  are  valid.  Stevens  v. 
Marrs,  19  R.  1623,  49  S.  W.  809. 

This  section  does  not  authorize  the  revocation  of  a  teacher's  certificate 
by  the  county  superintendent.  Supt.  of  Common  Schools  of  Daviess  County 
v.  Taylor,  105  Ky.  387. 

This  section  does  not  apply  to  trustees  of  graded  school  district. 
Matthews  v.  Rogers,  107  Ky.  236. 

The  provision  of  this  section  as  to  notice  has  no  application  to  a  dis- 
missal under  section  4447.  Wheatley  v.  The  Division  Board  of  Hancock 
County,  144  Ky.  783. 

The  proposition  that  no  appeal  lies  to  the  Superintendent  of  Public  In- 
struction from  an  order  of  a  county  superintendent  recognizing  a  trustee 
pending  a  dispute  is  in  no  way  in  conflict  with  the  proposition  that  a 
trustee  removed  under'  section  4417  has  a  right  to  appeal  to  the  Superin- 
tendent of  Public  Instruction.  Fatrict  v.  Fletcher,  149  Ky.  193. 

Under  this  section  notice  from  the  county  superintendent  to  a  teacher 
sought  to  be  removed  on  the  ground  of  immoral  conduct  should  specify 
the  act  or  acts  charged  and  the  date  of  their  commission.  Lasley  v. 
Depp,  171  Ky.  218. 

A  judgment  removing  a  teacher  on  the  ground  of  immoral  conduct  was 
held  not  void  although  the  notice  given  was  not  sufficient  where  the 
teacher  appeared  at  the  hearing  and  submitted  to  the  trial  after  demurrer 
to  the  notce.  Lasley  v.  Depp,  171  Ky.  218. 

Sec.  4418.  (Repealed  March  22,  1920,  ch.  36,  p.  148,  sec.  4.  See  new  Ky. 
Stats.,  sec.  4399a-4.) 

Sec  4418.  Superintendent  is  not  authorized  by  this  section  to  r«ass  on 
the  propriety  or  legality  of  the  establishment  of  a  new  district.  Howard 
v.  Forester,  109  Ky.  336.  See  further  as  to  powers  of  superintendent. 
Patrict  v.  Fletcher,  149  Ky.  193. 

Sec.  4419.  (Repealed  March  18,  1916,  c.  36,  p.  148,  sec.  10,  now  sec. 
4399a-10  of  the  Ky.  Statutes.) 

Sec.  4419.  Compensation  of  superintendent.  For  decision  construing 
former  law  on  this  subject  see  Pickett  v.  Harrod,  86  Ky.  485. 

Salary  of  superintendent  cannot  be  subjected  to  his  debts  by  coercive 
process.  Heilvronner  v.  Posey,  103  Ky.  462;  see  further  as  to  salary. 
Piercy  v.  Smith,  117  Ky.  990;  Breathitt  County  v.  Noble,  116  S.  W.  777. 

This  section  relating  to  salary  of  county  superintendent  was  construed. 
Fox  v.  Lantrip,  162  Ky.  178. 

Superintendent's  salary  cannot  be  changed  during  the  term  for  which 
he  was  elected.  Phillips  v.  Broach,  186  Ky.  138. 

Sec.  4420.  (Repealed  March  22,  1920,  ch.  36,  p.  148,  sec.  10,  now  section 
4399a-10  of  the  Ky.  Statutes.) 


80  KENTUCKY  SCHOOL  LAWS  1922 

(2)  Any  County  Superintendent  or  county  clerk  failing 
to  make  report  as  herein  required,  or  who  shall  make  false  re- 
port, shall  be  deemed  guilty  of  misdemeanor,  and  upon  convic- 
tion, shall  be  fined  not  less  than  fifty  nor  more  than  one  hun- 
dred dollars  for  each  offense.  (March  18,  1916,  C.  24,  p.  162.) 

(§  4420a-2  Ky.  St.)  School  Tax  Paid  to  Superintendent. 
— All  taxes  against  any  railroad  or  bridge  company,  which 
shall  be  levied  in  any  common  school  district,  shall  be  paid 
by  said  railroad  or  bridge  company  to  the  Superintenlent  of 
Common  Schools  of  the  county  for  the  benefit  of  the  district 
entitled  thereto.  (March  18,  1916,  C.  24,  p.  162.) 

(§  4420a-3  Ky.  St.)  White  and  Colored  School  Districts. 
—The  provisions  of  this  law  shall  not  be  construed  to  apply 
to  any  colored  school  district ;  Provided,  That  the  same  rate 
of  taxation  assessed  against  the  real  estate  of  any  railroad  or 
bridge  company  or  corporation  in  any  graded  school  district 
or  common  school  sub-district,  in  any  year,  shall  be  assessed 
against  all  of  the  taxable  property,  in  such  district  or  sub-dis- 
trict, and  the  railroad  or  bridge  tax,  when  collected,  shall  be 
paid  over  to  the  County  Superintendent  of  the  county  in  which 
the  district  or  sub-district  school  house  wherein  the  tax  as- 
sessed shall  be  situated,  and  shall  constitute  and  be  held  by  the 
County  Superintendent  as  a  graded  or  common  sub-district 
school  fund ;  and  the  said  fund  shall  be  apportioned  and  dis- 
tributed by  the  County  Superintendent  between  the  white 
graded  common  school  or  white  common  school  sub-district 
wherein  said  tax  shall  be  collected  and  any  colored  common 

A  colored  common  school,  ungraded,  is  entitled  under  this  section  to 
its  pro  rata  share  of  the  railroad  school  tax,  to  be  determined,  as  further 
provided  in  this  section,  by  the  number  of  colored  pupils  in  that  district 
as  compared  to  the  number  of  white  pupils  therein. 

A  colored  common  school  district,  as  used  in  this  section,  was  in- 
tended and  should  be  construed  to  mean,  and  include,  a  colored  common 
school  in  the  district,  whether  graded  or  ungraded. 

A  graded  school  is  a  common  school  in  the  meaning-  of  the  words, 
common  school  as  defined  in  section  2.  Trustees,  etc.  v.  West,  163  Ky.  568. 

Taxes  levied  by  white  graded  common  school  districts  upon  the  prop- 
erty of  a  railroad  must  be  apportioned  between  the  white  district  and  the 
colored  school  district,  if  their  boundaries  are  the  same.  Thornton  etc. 
v.  Wvhite,  etc.,  162  Ky.  796. 

We,  therefore,  think  that  when  there  comes  into  the  hands  of  the 
county  superintendent  of  common  schools  a  fund  derived  from  a  railroad 
tax  levied  for  the  benefit  of  a  graded  school  district,  the  county  super- 
intendent should  pay  over  to  the  board  of  education  of  the  county  that 
part  of  the  tax  to  which  the  colored  common  school  may  be  entitled  and 
the  board  of  education  should  then  hold  and  expend  the  same  for  the  use 
and  benefit  of  the  colored  common  school.  County  Board  etc  v  Board 
of  Trustees,  171  Ky.  125. 


COUNTY  SUPERINTENDENT  81 

i 

school  district  which  shall  be  located  over  the  same  boundary ; 
the  distribution  shall  be  in  the  same  ratio  that  the  whole  num- 
ber of  white  children  of  pupil  age  and  the  whole  number  of 
colored  children  of  pupil  are  residing  in  the  district  or  sub- 
district  shall  bear  to  the  whole  number  of  children,  white  and 
colored  children  of  pupils  age  residing  in  the  district  or  sub- 
lected.  (March  18,  1916,  C.  24,  p.  162.) 

(§  4420a-4  Ky.  St.)  Rate  of  Taxation— Bridges—Auditor 
to  Notify  Clerks. — (1)  The  same  rate  of  taxation  for  State 
purposes  which  is  or  may  be  in  any  year  levied  on  other  real 
estate,  shall  be  and  is  hereby  levied  upon  the  value,  so  found 
by  said  board,  of  the  railroad  bridge,  rolling  stock,  and  real 
estate  of  each  company ;  and  the  same  rate  of  taxation  for  the 
purposes  of  each  city,  town,  part  of  a  county  or  tax  district, 
of  any  kind,  in  which  any  portion  of  any  railroad  or  bridge  is 
located,  which  is,  or  may  be  in  any  year  levied  on  other  real 
estate  of  said  company  therein,  and  of  the  number  of  miles  on 
said  road,  therein,  reckoned  as  of  the  value  of  the  average  of 
each  mile  of  such  railroad,  with  its  rolling  stock,  as  ascertained 
as  aforesaid:  Provided,  That  railroad  bridges,  spanning  any 
river  which  constitutes  the  boundary  or  State  line  of  the  Com- 
monwealth, shall  be  assessed  as  of  the  counties  in  which  they 
are  located,  and  local  tax  derived  therefrom  shall  be  applied 
to  each  city,  town,  county  or  tax  district  in  which  said  bridges 
are  or  may  be  located. 

(2)  And  immediately  after  said  board  shall  have  com- 
pleted its  valuations  each  year,  the  Auditor  of  Public  Accounts 
shall  notify  the  clerk  of  each  county  court  of  the  amount  so 
assessed  for  taxation  in  his  county  and  each  railroad  or  bridge 
company  of  the  amount  of  the  assessment  for  taxation  for 
State  purposes  and  for  the  purposes  of  such  city,  town,  county, 
part  of  county  and  tax  district.  (March  18,  1916,  C.  24,  p. 
162,  Sec.  72.) 

Section  79a.  (§  4421  Ky.  St.)  Books  and  Effects  to  be 
Delivered  to  Successor — Settlement — Penalty. — (1)  Each 
County  Superintendent,  when  he  resigns,  vacates,  is  removed 
or  goes  out  of  office,  shall  immediately  thereafter  deliver  to 
his  successor,  or  to  the  county  court  clerk  for  him,  any  money, 


82  KENTUCKY  SCHOOL  LAWS  1922 

property,  books,  effects  or  papers  remaining  in  his  hands  as 
County  Superintendent,  and  within  ten  days  shall  settle  with 
the  county  court,  and  for  failure  to  do  so  shall  be  fined  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars. 

(2)  It  shall  be  the  duty  of  the  County  Clerk  to  forward 
a  certified  copy  of  said  settlement  to  the  Superintendent  of 
Public  Instruction.  (As  amended  March  18,  1916,  C.  24,  p. 
162.) 

Section  79a.  (§  4422  Ky.  St.)  County  Board  of  Examin- 
ers—Appointment and  Qualifications— Oath.— The  County 
Superintendent  shall  appoint  two  strictly  moral  and  well- 
educated  persons,  holding  county  certificates  of  the  first  class, 
State  certificates,  State  diplomas  or  diplomas  from  some  liter- 
ary institution  of  high  learning  who,  together  with  himself, 
shall  constitute  a  board  of  examiners  for  the  county.  No  per- 
son shall  be  eligible  as  examiner  on  said  county  board  who  is 
at  the  time  or  for  six  months  previous  thereto  has  been  con- 
ducting or  teaching  in  any  school,  college  or  university  where 
teachers  or  those  preparing  to  teach  are  making  preparations 
to  be  examined  far  certificates  to  teach  in  the  common  schools 
of  this  State.  Before  they  shall  be  authorized  to  act  in  any 
capacity  as  such  board  or  grant  any  certificates  said  examin- 
ers shall  take  and  subscribe  to  an  oath  that  they  will  faithfully 
discharge  their  duties  as  required  by  the  common  school  law, 
and  the  said  affidavit  shall  be  filed  in  the  office  of  the  clerk 
of  the  county  court.  (July  6,  1893,  C.  260,  p.  1413,  Sec.  60  ; 
March  29,  1902,  C.  227,  as  amended  March  18,  1916,  C.  24,  p. 
162,  Sec.  73.) 

(§  4423-4424  Ky.  St.)  (Repealed  be  section  4421a-l,  et 
seq.,  and  sections  4421b-l,  et  seq. — Ed.) 

Section  79a-l.  (§  4425  Ky.  St.)  Certificate  to  Teachers 
— Affidavit — Penalty. — All  applicants  for  teachers'  county  or 
State  certificates  or  State  diplomas  in  the  Commonwealth  of 
Kentucky,  immediately  before  entering  upon  examination 
shall  subscribe  to  the  following  oath,  which  shall  be  presented 
to  them  by  any  of  the  board  of  examiiners,  viz. :  "I  do  solemnly 

Sec.   4422.    Examiners  may  be  removed   by  superintendent  at   any   time 
without  cause  or  notice.   Johnson  v.   Ginn,   105  Ky.  654,   20  R.   14T5. 


COUNTY  SUPERINTENDENT  83 

swear  (or  affirm)  that  I  have  not  had  access,  direct  or  in- 
directly, to  the  State  board  or  other  questions  to  be  used  in 
this  examination,  and  that  I  have  no  personal  knowledge  of 
any  unlawful  usage  of  the  aforesaid  questions  by  any  person 
or  persons,  which  knowledge  I  have  not  communicated  to  the 
grand  jury,  county  attorney  or  county  superintendent  of 
schools  of  the  county  in  which  the  aforesaid  person  or  per- 
sons did  unlawfully  use  or  attempt  to  use  said  questions." 

The  superintendent  of  public  instruction  shall  furnish 
each  county  superintendent  in  the  Commonwealth  with  a  suf- 
ficient number  of  copies  of  the  oath  prescribed  in  this  act, 
printed  on  sheets  with  blank  space  below  for  names  and  ad- 
dresses of  applicants.  Each  copy,  after  being  subscribed  to 
by  applicants  as  provided  in  this  act,  shall  be  dated  and  signed 
officially  by  the  board  of  examiners  and  preserved  in  the  of- 
fice of  the  superintendent  of  public  instruction  or  county 
superintendent  of  common  schools  as  a  public  record. 

Any  superintendent  of  public  instruction  or  county  super- 
intendent of  common  schools  or  board  of  examiners  for  teach- 
ers' county  or  State  certificates  or  State  diplomas  failing  to 
comply  with  the  provisions  of  this  act  shall  be  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof,  shall  be  fined  in  a  sum 
not  less  than  fifty  dollars  ($50.00)  nor  more  than  one  hundred 
dollars  ($100.00)  for  each  offense.  (As  amended  March  18, 
1916,  C.  24,  p.  162,  Sec.  74.) 

Section  79a-2.  (§  4426  Ky.  St.)  Penalty  for  Improperly 
Granting  Certificate. — Any  county  superintendent  or  county 
examiner  who  shall  knowingly  grant  to  any  immoral  person 
or  to  any  person  under  the  prescribed  age  a  certificate  to  teach 
in  the  common  schools,  or  who  shall  permit  any  one  to  take  an 
examination  who  is  under  the  prescribed  age  prior  to  the  date 
of  examination  shall  be  guilty  of  a  .midemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  fifty  dollars 
($50.00)  nor  more  than  one  hundred  dollars  ($100.00)  for 
each  offense.  If  there  should  be  any  doubt  as  to  the  age  of 

Sec.  4425.  Teachers'  certificates,  concerning-.  Flynn  v.  Barnes,  156  Ky. 
499. 

No  part  of  this  section  is  now  in  force  as  it  stood  before  the  act  of 
March,  1906.  The  new  act  has  taken  the  place  of  the  old  act.  Flynn  v. 
Barnes,  156  Ky.  498. 


84  KENTUCKY  SCHOOL  LAWS  1922 

an  applicant  the  superintendent  may  require  the  applicant  to 
take  and  subscribe  to  an  oath  as  to  his  age  before  entering 
the  examination. 

Any  county  superintendent,  county  examiner,  printer,  of- 
ficer of  State  or  county  or  any  other  person  who  shall  sell, 
barter,  give  or  furnish,  or  procure  to  be  sold,  bartered,  given 
or  furnished  to  any  applicant  for  a  certificate,  or  to  any  other 
person,  or  any  other  person  who  shall  have  in  his  possession 
unlawfully  or  in  any  way  not  provided  by  law,  any  question 
or  questions  prepared  or  sent  out  by  the  superintendent  of 
public  instruction  or  the  State  board  of  examiners  for  the 
examination  of  persons  applying  for  such  certificate  or  in  any 
way  dispose  of  such  questions,  except  in  the  manner  provided 
by  law,  shall  be  guilty  of  a  felony  and  shall  upon  conviction 
be  punished  by  confinement  in  the  penitentiary  not  less  than 
one  nor  more  than  two  years.  Any  applicant  for  a  State 
diploma,  State  certificate  or  county  certificate  who  shall 
either  give  or  receive  any  assistance  in  answering  any  question 
during  any  examination  for  such  certificate  shall  be  guilty  of 
a  misdemeanor  and  upon  conviction  shall  be  punished  by  ex- 
pulsion from  examination.  (As  amended  March  18,  1916,  C. 
24,  p.  162.) 

Section  79a-3.  (§  4465  Ky.  St.)  County  Clerk— Duty 
of. — It  shall  be  the  duty  of  the  county  clerk  to  give  to  said 
sheriff  or  other  officer  a  certified  copy  of  the  order  of  the  judge 
of  the  county  court  as  it  appears  in  his  order  book,  within 
ten  days  after  said  order  is  made.  (July  6,  1893,  C.  260,  p. 
1413,  Sec.  101,  as  amended  March  18,  1916,  C.  24,  p.  162.) 

Section  79a-4.  •(§  4518  Ky.  St.)  County  Library— Where 
and  by  Whom  Kept — Funds  for. — There  shall  be  a  county 
teachers'  library  in  each  county  of  the  Commonwealth,  to  be 
kept  under  the  care  and  in  the  office  of  the  County  Superin- 
tendent, for  the  exclusive  use  and  benefit  of  the  teachers  of 
the  county.  The  sums  collected  for  the  purpose  of  each  an- 
nual institute,  and  all  sums  added  thereto  by  donation,  shall 
constitute  the  county  library  fund,  which  shall  be  kept  and 
accounted  for  by  the  County  Superintendent.  (March  18, 
1916,  C.  24,  p.  162,  Sec.  202.) 


COUNTY  SUPERINTENDENT  85 

Section  79a-5.  (§  4519  Ky.  St.)  Library  Committee— 
Who  Constitute, — The  County  Superintendent,  as  chairman, 
and  two  pers.ons  annually  elected  by  the  county  institute, 
shall  constitute  a  library  committee,  for  the  selection  and  pur- 
chase of  books,  periodicals  and  furniture,  and  for  the  adoption 
of  rules  for  the  management  of  the  library  under  the  regula- 
tions of  the  State  Board  of  Education.  The  Superintendent 
of  Public  Instruction  shall  supply  each  of  these  libraries  with 
a  bound  copy  of  each  edition  of  the  school  law,  of  his  biennial 
reports,  and  other  publications  of  his  department.  The  library 
committee  shall  keep  a  permanent  record  of  its  acts  and  ac- 
counts open  at  all  times  for  the  inspection  of  the  teachers; 
and,  through  its  chairman,  shall  annually  report  to  the  county 
institute  an  itemized  statement  of  all  sums  received  and  ex- 
pended; the  number,  names  and  cost  of  books  and  other 
articles  purchased;  all  donations  of  books  and  periodicals, 
with  the  names  of  the  donors ;  the  number  of  books  belonging 
to  the  library ;  the  number  in  the  library ;  the  number  on  loan, 
and  such  other  facts  as  may  be  required ;  and  in  his  annual  re- 
port to  the  Superintendent  of  Public  Instruction,  the  County 
Superintendent  shall  state  the  sums  received,  the  sums  ex- 
pended, the  number  of  volumes  in  the  library,  and  the  increase 
during  the  year.  (March  18,  1916,  Sec.  203.) 

Section  79a-6.  (§  4520  Ky.  St.)  District  Library— Or- 
ganization and  Management. — When  by  contribution,  pur- 
chase or  otherwise,  forty  volumes  can  be  collected  for  such 
purpose,  the  sub-district  trustee  may  organize  a  district  library 
in  connection  with  the  school  of  the  sub-district,  which  shall 
be  for  the  use  of  the  sub-district  in  which  the  same  is  located. 
They  may  make  such  suitable  arrangements  for  keeping  the 
books  and  periodicals  of  the  said  library  as  may  be  necessary, 
and  may  appoint  a  suitable  person  to  take  charge  of  the  same, 
and  to  manage  it  according  to  such  rules  as  they  may  pre- 
scribe, subject  to  the  regulations  prescribed  by  the  County 
Superintendent. 

Section  79a-7.  (§  4521  Ky.  St.)  Trustees  to  Control- 
Books  That  Shall  Not  be  Kept— Regulations.— The  trustees 
shall  have  the  same  control  over  the  library  as  over  the  other 


86  KENTUCKY  SCHOOL  LAWS  1922 

school  property,  may  receive  donations  of  books,  maps,  charts 
and  other  works  of  interest.  But  no  books  of  a  sectarian, 
infidel  or  immoral  character  shall  be  placed  in  the  library;  and 
any  such  books  found  therein  shall  be  removed  by  order  of 
the  trustees  or  of  the  County  Superintendent.  The  library 
shall  be  free  to  all  pupils  of  suitable  age  belonging  to  the 
schools  of  the  sub-district,  but  any  resident  of  the  sub-district 
may  become  entitled  to  the  privileges  upon  the  payment  of 
such  sum  of  money  for  membership  as  the  trustees  may  pre- 
scribe. (See  Sec.  6  and  notes.  March  18,  1916,  Sec.  205.) 


Chapter  VIII. 


SCHOOL     DISTRICTS— HIGH     SCHOOLS— CONSOLIDATED 
SCHOOLS  AND  COMMON   SCHOOL  DISTRICTS 


Sec.  80.  County  to  compose  one 
district— exception. 

Sec.  81.  Record  of  boundaries  to 
be  kept— children  may  at- 
tend in  adjoining  dis- 
tricts, when. 

Sec.  82.  City,  town  or  village, 
when  deemed  a  district. 

Sec.  S2a.  Consolidated  district- 
boundaries  and  election 
to  establish. 

Sec.  82a-l.  Transportation  tax. 

Sec.  83.  Bond  issue  to  provide 
buildings. 


Sec.  84.  Petition  for  change  in 
boundary. 

Sec.  85.  High  schools— duty  of 
board  concerning. 

Sec.  86.  Board  may  contract  with 
established  city  high 
school. 

Sec.  87.  High  school  may  be  es- 
tablished by  adjoining- 
counties. 

Sec.  88.  Pupils  may  attend  school 
most  convenient— tuition. 


Section  80.  (§  4426a-l  Ky.  St.)  County  to  Compose 
School  District — Excepting. — Each  and  every  county  in  this 
Commonwealth  shall  compose  one  school  district,  excepting 
that  where  there  is  a  city  or  town  in  any  county  which  main- 
tains a  separate  system  of  public  schools,  then  the  balance  of 
said  county  outside  of  such  city  or  town  district  shall  consti- 
tute a  school  district. 


Sec.  4426a-l.  Board  of  Education.— Indebtedness  that  it  may  pay. 
Scobee  v.  Board  of  Education,  157  Ky.  610. 

Sheriff's  commission  for  collecting  tax.  Hall  v.  Ballard  Co.,  140  Ky. 
84. 

High  Schools— Establishment  of.  Grant  County  Board  v.  Chandler,  144 
Ky.  348;  Munfordville  Mer.  Co.  v.  Board  of  Trustees,  155  Ky.  382. 

Validity  of  Act.     Prowse  v.   Board  of  Education,   134  Ky.  365. 

Powers  of  Board  of  Education.  Mclntyre  v.  Powell,  137  Ky.  477. 
Fiscal  Court  v.  Board  of  Education,  138  Ky.  98;  Vaughn  v.  Hindman,  145 
Ky.  507. 

Teachers— Concerning.  Vaughn  v.  Hindman,  145  Ky.  507;  Educational 
Division  v  Butler,  155  Ky.  164;  Davis  v.  Harrison,  140  Ky.  520;  Wheatley 
v  Division  Board,  144  Ky.  783;  Campbell  v.  Owens,  150  Ky.  686;  Maynard 
v.  Maynard,  152  Ky.  623. 

Separate  schools  for  white  and  colored.  Grady  v.  Larue  Co.  Board, 
149  Ky.  49. 

School  tax  levied  under  subsection  9  is  a  State  tax.  Ramsey  v.  County 
Board,  159  Ky.  827. 

Tax  for  school  purposes.   Shanklin  v.   Boyd,   146  Ky.   460. 

Site  for  school  building.  Ritter  v.  County  Board,  150  Ky.  847;  Snyder 
v.  Board  of  Trustees,  142  Ky.  739;  Evans  v.  Cropp,  141  Ky.  514. 

This  section 'applies  only  to  the  balance  of  the  county  outside  of  a  city 
or  town  which  maintains  a  separate  system  of  public  schools.  Taylor  v. 
Sparks,  132  Ky.  118,  S.  W.  970. 

Money  recovered  by  the  Commonwealth  on  a  judgment  for  violation 
of  a  bond  belongs  to  the  county  board  of  education,  and  the  board  was 
the  proper  party  to  require  the  defendant  by  rule  to  pay  over  the  money. 
Board  of  Education  of  Mercer  County  v.  Allin,  et  al.,  134  *Ky.  763. 

This  act  has  no  effect  upon  prior  judgments  against  a  school  district. 
Board  of  Education  for  Pike  County  v.  A.  H.  Andrews  Co.,  122  S.  W.  207. 

This  new  law  being  inoperative  where  a  graded  school  exists,  a  col- 
ored school  was  not  entitled  to  a  ratable  proportion  of  a  railroad  tax 
for  school  purposes  under  section  4101.  Com.  v.  Ferguson,  128  S.  W.  96. 

By  act  of  1910  (S.  A.,  p.  333),  subdivision  3  of  this  section  relating  to 
election  of  school  trustees  is  modified. 


88 


KENTUCKY  SCHOOL  LAWS  1922 


Section  81.  (§  4426a-3  Ky.  St.)  New  School  Districts- 
Change  of  Boundaries.— The  County  Board  of  Education  shall 
have  full  power  when  necessary  to  lay  off  or  establish  new 
school  sub-districts  or  change  the  boundaries  of  those  already 
established :  Provided,  That  no  change  in  the  boundary  of  any 
sub-district  shall  be  made  to  take  effect  during  the  current  or 
the  following  school  year,  unless  made  previous  to  taking  or 
estimating  the  census  of  the  pupil  children  in  the  county  for 
such  school  year.  (See  notes  Sec.  51.  Act  as  amended 
March,  1918.) 

(§  4426a-4  Ky.  St.)  Sub-districts— Concerning-— Districts 
Parts  of  Two  Counties. — (1)  With  the  concurrence  of  the 
county  boards  the  County  Superintendents  of  two  or  more 
adjoining  counties,  where  the  division  line  intersects  a  neigh- 
borhood whose  convenience  requires  it,  may  lay  a  sub-district 
composed  of  parts  of  these  counties. 

(2)  The  selection  and  payment  of  teachers  and  control 
of  such  sub-districts  shall  be  lodged  in  the  county  board  of  the 
county  in  which  the  school  building  is  located,  but  the  county 
board  of  the  other  contracting  county  or  counties,  shall  pay 
such  proportion  of  the  total  expense  of  conducting  said  school 
as  may  be  mutually  satisfactory  and  stated  in  a  written  con- 
tract, which  contract  shall  also  state  definitely  the  boundaries 
of  such  fractional  sub-district.  Said  contract  shall  be  spread 

Correcting-  paragraph  8.  As  this  law  does  not  apply  to  a  district 
where  a  graded  school  exists,  a  colored  common  school  district  in  which 
a  graded  school  existed  was  entitled  to  a  ratable  portion  of  a  railroad 
tax  for  school  purposes  under  section  4101.  Com.  v.  Ferguson,  128  S.  W.  95. 

The,  fact  that  the  first  high  school  in  a  certain  county  was  not  located 
at  the  county  seat  does  not  excuse  the  board  of  education  from  paying  the 
salary  of  a  teacher  of  the  second  high  school,  which  was  also  not  located 
at  the  county  seat.  (Subsection  S.)  The  Grant  Co.  Board  of  Education  v. 
Chandler,  144  Ky.  348. 

A  county  board  of  education  is  liable  to  a  teacher  for  salary  due  under 
the  teacher's  contract;  it  is  not  liable  for  the  wrongful  act  of  individual 
trustees  of  the  educational  division  in  unlawfully  dismissing  the  teacher. 
Mock  v.  County  Board  of  Education  of  Nelson  County,  145  Ky.  715. 

The  extension  of  the  boundary  of  a  graded  school  district  and  the  levy 
of  a  tax  therein  did  not  supersede  a  previous  levy  made  by  the  fiscal  court 
before  such  extension.  Board  of  Education  of  Hopkins  County  v.  Givens, 
147  Ky.  837. 

Persons  and  property  in  territory  annexed  to  a  graded  common  school 
district  should  not  for  the  same  year  be  required  to  pay  a  school  tax 
under  a  levy*  made  by  the  fiscal  court,  and  also  a  school  tax  under  a  levy 
made  by  the  graded  school  district.  In  the  case  decided,  property  and 
persons  in  the  annexed  territory  were  not  subject  to  the  graded  school 
tax  for  the  current  year.  Board  of  Education  of  Hopkins  County  v. 
Givens,  147  Ky.  837. 

No  appeal  lies  to 'the  Superintendent  of  Public  Instruction  from  an 
order  of  the  county  superintendent  under  section  4436,  recognizing-  a  trus- 
tee pending-  a  dispute.  (Subsection  4.)  Patrick  v.  Fletcher,  149  Ky.  193. 


SCHOOL  DISTRICTS  89 

upon  the  minutes  of  each  board  and  duplicate  copies  signed  by 
the  president  and  secretary  of  each  board  shall  be  filed  in  the 
office  of  the  county  clerk  of  each  of  the  contracting  counties. 

(3)  In  the  sub-districts  thus  constituted,  one  trustee  who 
may  reside  in  either  fraction  shall  be  elected  from  the  sub- 
district  at  large,  but  said  trustee  shall  be  deemed  a  resident  of 
the  educational  division  of  the  controlling  county  as  herein- 
before provided. 

(4)  "The  duties  of  the  trustees  of  such  fractional  sub- 
districts  shall  be  the  same  as  those  of  other  sub-district  trus- 
tees, save  that  in  making  a  census  of  the  children  of  school  age 
residing  in  the  sub-district,  he  shall  list  the  children  of  the 
two  or  more  counties  separately  and  make  returns  separately 
to  each  County  Superintendent  of  the  children  residing  in  the 
respective  counties. 

(§  4427  Ky.  St.)  Boundaries  to  Remain  as  at  Present — 
Numbers. — The  school  districts  and  sub-districts  of  the  several 
counties,  as  at  present  described  and  numbered,  shall  be  re- 
tained until  altered  or  abolished  pursuant  to  law;  but  no  two 
sub-districts  in  the  same  county  shall  be  known  by  the  same 
name  or  number. 

Section  4428  Ky.  Statutes  repealed  by  section  4426a-2. 

(§  4429  Ky.  St.)  Record  of  Boundary  and  District  to  be 
Kept  by  Superintendent. — The  County  Superintendent  shall, 
in  a  book  to  be  kept  in  his  office  for  that  purpose,  and  sub- 
ject to  public  inspection,  describe  each  district  in  his  county 
by  its  number  and  boundary,  and  shall  furnish  to  the  trustee 
of  each  sub-district  a  description  of  the  boundaries  thereof. 
(See  Sec.  51.) 

Section  4430  Ky.  Statutes  repealed  by  section  4426a-4. 

(§  4431  Ky.  St.)  Children  May  Attend  School  in  Adjoin- 
ing District — Exception. — (1)  When  two  school  sub-districts 
adjoin,  it  shall  be  lawful  for  the  children  of  either 
of  such  adjoining  sub-districts  to  be  taught  in  and 
at  such  schoolhouses  as  may  be  most  convenient  to  them,. 
Provided,  the  transfer  does  not  interfere  with  the  contract  be- 
tween the  teacher  and  the  Division  Board  of  Education  and 
that  no  such  change  shall  be  made  without  the  assent  of  the 


90  KENTUCKY  SCHOOL  LAWS  1922 

trustees  of  both  said  sub-districts  in  writing  and  of  the  parents 
of  the  children  transferred. 

(2)  In  case  of  an  agreement  of  the  kind  provided  for 
in  this  section,  the  trustee  of  the  sub-district  in  which  the 
children  were,  reported  shall,  before  the  close  of  the  first  month 
of  the  school  term,  notify  County  Superintendent  in  writing, 
or  the  said  transfer  shall  be  void;  Provided,  further,  that 
when  the  district  to  which  the  transfer  is  made  is  in  a  different) 
county,  the  County  Superintendent  of  the  county  from  which 
the  transfer  is  made  shall  pay  to  the  County  Superintendent 
of  the  county  in  which  the  children  are  taught  the  money  due 
for  teaching  them,  taking  his  receipt  in  duplicate.  (As 
amended  March,  1916,  C.  24,  p.  162.) 

Section  82.  (§  4432  Ky.  St.)  City,  Town  or  Village— 
When  Deemed  District — Duty  of  Trustees — Penalty. — (1) 
When  a  city,  town  or  village  establishes  and  maintains  a  sys- 
tem of  common  schools  adequate  to  the  teaching  of  all  chil- 
dren therein,  and  which  all  applying  for  instruction  are  per- 
mitted to  attend  free  of  charge,  the  same  shall  be  deemed  one 
district,  and  entitled  to  its  proportion  of  the  school  fund. 

(2)  At  the  termination  of  each  school  year  the  trustees 
or  other  officers  deputed  for  that  purpose,  of  each  school  dis- 
trict, and  of  each  separate  school  of  such  city,  town  or  village, 
shall  report  to  the  County  Superintendent  the  facts  required 
of  sub-district  trustees  in  section  122  of  this  act.     They  shall 
take  the  census  of  such  city,  town  or  village  by  wards  or 
school  districts,  and  make  a  return  to  the  County  Superin- 
tendent, to  be  filed  in  his  office,  at  the  same  time  and  in  the 
same  manner  as  that  required  of  sub-district  trustees.     They 
shall  file  a  duplicate  of  said  census  with  the  county  clerk,  to 
be  retained  by  him  in  his  office. 

(3)  For  any  failure,  neglect  or  violation  of  their  duties, 
as  set  forth  in  this  section,  the  trustees  or  other  officers  of 
such  city,  town  or  district  shall  be  subject  to  the  same  penal- 
ties as  imposed  on  sub-district  trustees. 

(§  4433  Ky.  St.)  Laws  Relating  to  City  or  Town  for 
Benefit  of  School  or  College.— This  law  is  not  to  affect,  modify 
or  repeal  any  local  or  special  law  heretofore  passed  which 


SCHOOL  DISTRICTS— CONSOLIDATED  91 

established  any  city  or  town  in  one  district,  except  as  provided 
in  sections  165  and  166  of  this  act ;  but  the  same  shall  be  gov- 
erned in  all  respects  by  the  local  law  and  authorities,  and  it 
shall  in  nowise  affect  the  charter  and  amendments  thereto  of 
any  city  or  town  in  the  Commonwealth,  so  far  as  said  charter 
and  amendments  relate  to  the  public  schools  of  said  cities  and 
towns ;  nor  shall  this  law  affect,  modify  or  repeal  any  local  or 
special  laws  now  in  force  for  the  benefit  of  any  school,  high 
school,  seminary,  college  or  other  institution  of  learning  in 
this  State,  except  as  to  teachers,  as  provided  in  section  77  of 
this  act. 

CONSOLIDATED   SCHOOLS 

Section  82a.  (§  4426a-9  Ky.  St.)  Consolidation  and 
Transportation — Power  to  Vote  Taxes. — The  County  Board  of 
Education  shall  have  power  to  lay  off  a  boundary  including  a 
number  of  sub-districts*  and  submit  to  the  voters  in  that  bound- 
ary the  proposition  of  a  tax  sufficient  to  provide  for  the  con- 
solidation of  the  schools  within  that  boundary  and  the  trans- 
portation of  pupils  to  and  from  said  consolidated  school. 
Said  proposition  for  taxation  may  be  submitted  to  the  voters 
at  the  regular  election  for  school  trustees,  or  at  any  other  time 
decided  upon  by  the  County  Board  of  Education,  provided 
that  not  less  than  thirty  days'  notice  be  given  of  said  election. 
When  such  a  tax  is  voted  in  such  consolidated  district  for 
local  school  purposes,  it  shall  remain  and  be  collected  annually 
in  accordance  with  the  provisions  of  law  until  repealed  by  a 
vote  of  the  people  at  an  election  called  and  conducted  in  the 
same  manner  in  w^hich  the  tax  wa's  voted. 

School  Established  by  Special  Act.— No  teacher  of  common  school 
pupils  in  any  school,  high  school,  seminary,  colleg-e,  or  any  other  institu- 
tion of  learning:  in  this  State,  operating  under  a  special  law,  is  entitled 
to  any  part  of  the  common  school  fund,  unless  he  holds  a  certificate  as 
prescribed  by  common  school  law,  where  a  city  or  town  is  not  organized 
as  a  single  district  and  reporting-  direct  to  Supreintendent  Public  Instruc- 
tion, as  provided  in  section  55.  We  conclude  that  the  provisions  of  the 
charter  of  the  district  giving-  its  board  of  trustees  the  rig-ht  to  examine 
teachers  was  necessarily  repealed  by  section  135.  Harrodsburg-,  etc.  v. 
Adams,  etc.,  152  Ky.  735. 

Sections  157  and  S58  Constitution,  as  to  the  amount  of  property  and  poll 
tax  that  may  be  levied,  have  no  application  to  the  property  or  poll  tax 
voted  for  school  purposes  under  authority  of  valid  election. 

Nor  is  there  any  limit  on  the  number  of  elections  that  may  be  held 
to  increase  the  tax  to  such  a  sum  as  will  be  sufficient  to  accomplish  the 
purpose  of  the  legislature. 


92  KENTUCKY  SCHOOL  LAWS  1922 

Section  82a-l.  (§  4426a-10  Ky.  St.)  Local  Expenses- 
Meaning.— In  the  notices  of  an  election  for  the  purpose  of 
voting  a  tax  to  provide  for  the  consolidation  of  schools,  the 
term  " local  expense"  shall  include  the  transportation  of  stu- 
dents to  and  from  the  said  consolidated  school;  and  where 
sub-districts  have  already  been  consolidated  according  to  law 
and  tax  has  already  been  voted  in  said  consolidated  districts 
for  local  expenses,  the  term  "local  expenses"  shall  be  con- 
strued to  include  the  transportation  of  children  in  such  cases. 

(§  4426a-2  Ky.  St.)  Transportation  Further  Provided 
For. — In  districts  consolidated  under  existing  laws  the  County 
Board  of  Education  shall  have  power  to  provide  for  transpor- 
tation by  local  taxation  or  out  of  county  funds,  or  otherwise 

By  a  vote  of  the  people  the  tax  may  be  reduced  or  abolished.  Christo- 
pher v.  Robertson,  et  al.,  164  Ky.  262;  Oldham  County,  etc.  v.  Wise,  etc., 
178  Ky.  617. 

A  petition  assailing  a  school  election  should  point  out  specifically  the 
grounds  upon  which  it  is  attacked. 

When  there  has  been  a  full,  free  and  f^ir  school  election  and  the 
voters  understand  the  question  to  be  voted  on  and  have  ample  notice  of 
the  time  and  place  when  and  where  the  election  is  to  be  held,  there  seems 
little  reason  for  disturbing-  the  election  on  mere  technical  grounds.  Travel- 
stead  v.  Ray,  Sheriff,  etc.,  160  Ky.  706. 

The  board  of  education  has  authority  under  this  section  to  submit  to 
the  voters  in  a  consolidated  district  the  question  whether  they  will  vote 
a  tax  to  provide  a  schoolhouse  alone  without  submitting:  to  them  the 
question  of  transporting  pupils  or  maintaining  the  school.  When  the 
schoolhouse  has  been  provided,  the  tax  cannot  be  longer  collected.  Gibson, 
et  al.  v.  Anderson,  Sheriff,  170  Ky.  664. 

This  section  empowers  the  county  board  of  education  to  lay  off  a 
boundary  to  create  a  consolidated  school  district  and  to  submit  to  the 
voters  of  the  district  the  question  of  levying  a  tax  for  the  purpose  of 
erecting  a  school  building  therein,  also  by  implication  impose  upon  that 
board  the  duty  of  levying  such  tax  when  voted.  Davis  v.  Anderson,  171 
Ky.  544. 

In  creating  a  consolidated  school  district  in  accordance  with  this  sec- 
tion, notice  to  the  trustees  of  the  districts  affected  is  not  necessary  to 
give  the  board  of  education  authority  to  act. 

The  fact,  that  in  creating  a  consolidated  school  district,  subdistricts 
are  reduced  in  size  below  forty-five  pupil  children,  does  not  render  the 
consolidated  district  void,  because  it  is  not  to  be  presumed  that  the  board 
of  education,  as  a  part  of  its  plans,  will  not  provide  proper  school  facilities 
for  the  children  remaining  in  the  portions  of  the  subdistricts  not  included 
in  the  consolidated  district. 

Hand  bills,  giving  notice  of  the  time,  place  and  purpose  of  an  election 
held  under  this  section,  posted  for  thirty  days  previous  to  the  election, 
at  seven  public  places  in  the  district,  is  a  sufficient  notice  to  uphold  the 
election. 

The  county  board  of  education  is  authorized  to  create  a  consolidated 
school  district  out  of  parts  of  subdistricts,  as  well  as  out  of  entire  sub- 
districts.  Holton,  etc.  v.  Board,  etc.,  176  Ky.  578. 

Upon  the  petition  of  the  requisite  number  of  taxpayers  of  a  consolidated 
school  district  to  the  county  board  of  education  to  call  an  election  upon 
a  proposition  to  repeal  a  school  tax  theretofore  authorized  under  this  soo- 
tin,  it  is  the  duty  of  the  board  to'call  an  election  as  requested;  and,  upon 
its  failure  to  do  so  mandamus  will  lie  to  compel  the  board  to  call  the 
election.  Oldham  County,  etc.  v.  Wise,  etc.,  178  Kyw617. 

OPINION  OP  THE  ATTORNEY  GENERAL 

There  is  no  power  given  to  the  county  board  to  change  the  boundary 
of  a  consolidated  district  until  such  a  time  as  the  people  by  their  votes 
declare  that  the  tax  shall  be  at  an  end. 


n 

: 


SCHOOL  DISTRICTS— CONSOLIDATED  93 

when,  in  its  judgment,  such  consolidation  is  more  economical 
than  the  creation  of  an  emergency  school,  or  when  an  emerg- 
ency arises  in  a  sub-district  making  it  impossible  for  a  school 
to  be  taught  in  that  district. 

Section  83.  (§  4433a-l  Ky.  St.)  Consolidated  School 
Districts — Bond  Issue  for  Erection  of  Building- — Popular  Elec- 
tion.— That  any  County  Board  of  Education  may  provide  funds 
for  purchasing  suitable  grounds  and  buildings,  or  for  erecting 
and  repairing  suitable  buildings,  and  for  other  expenses  need- 
ful in  conducting  a  consolidated  school  in  their  county ;  and  to 
this  end  they  may  use  such  part  of  the  proceeds  of  said  tax  as 
they  deem  necessary,  and  it  shall  be  the  duty  of  said  board  of 
education,  and  if,  in  their  opinion,  it  be  necessary,  they  are 
hereby  authorized  and  empowered  to  order  an  election  and 
submit  to  the  voters  of  any  consolidated  school  district  the 
question  whether  or  not  they  shall  issue  bonds  of  their  respec- 
tice  consolidated  school  districts,  in  any  amount  not  exceeding 
the  limit  provided  by  sections  157  and  158  of  the  present  con- 
stitution of  this  State,  for  the  purpose  of  providing  suitable 
grounds,  school  buildings,  furniture  and  apparatus  for  their 
respective  consolidated  district;  Provided,  that  due  notice  of 
said  election  shall  be  given  by  the  County  Board  of  Education, 
by  written  or  printed  ppsters  not  less  than  one  foot  square, 
signed  by  the  chairman  and  secretary  of  the  County  Board  of 
Education  stating  the  time  and  place  and  hours  of  the  said 
election,  posted  at  not  less  than  six  public,  conspicuous  places 
in  the  district  for  ten  days  previous  to  the  day  of  the  election, 
and  by  one  insertion  thereof  in  the  newspaper,  if  any,  pub- 
lished in  said  county.  (March  22,  1920,  C.  45,  p.  199,  Sec.  1.) 
(§  4433a-2  Ky.  St.)  Election,  How  Conducted— Tax  Levy 
to  Pay  Bonds.— The  board  shall  appoint  two  judges,  a  clerk 
and  a  sheriff  to  hold  such  election,  who  shall  be  first  duly 
sworn  before  acting,  and  shall  be  housekeepers  and  taxpayers, 
resident  in  the  district  for  which  they  are  appointed,  and  one 
f  the  judges  shall  ask  of  each  voter:  "Are  you  in  favor  of 
he  issue  of  bonds  by  the  County  Board  of  Education  for  this 
istrict,  for  the  purpose  of  providing  suitable  grounds,  school 
buildings,  furniture  and  apparatus  for  this  district?"  and  the 


94  KENTUCKY  SCHOOL  LAWS  1922 

clerk  shall  record  the  answer,  "Yes"  or  "No, ".as  given  by 
the  voter.  If  two-thirds  of  the  voters  voting  at  said  election 
vote  in  favor  of  the  issue  of  the  bonds,  then  the  County  Board 
of  Education  of  such  consolidated  district  may  issue  the  bonds 
of  said  district  for  an  amount  not  exceeding  the  constitutional 
limit  and  in  comformity  with  the  constitution  of  this  State. 
And  for  the  purpose  of  meeting  the  interest  on  such  bonds  and 
creating  a  sinking  fund  for  the  payment  of  the  principal  there- 
of, the  County  Board  of  Education  acting,  for  the  district 
where  the  issue  of  such  bonds  is  voted,  is  authorized  and  em- 
powered to  levy  annually  a  tax  in  addition  to  that  already 
voted,  which  shall  not  increase  the  tax  rate  for  school  pur- 
poses in  such  district  to  more  than  one  dollar  ($1.00)  on  each 
one  hundred  dollars  ($100.00)  worth  of  taxable  property 
within  the  district. 

Section  84.  (§  4433b  Ky.  St.)  Independent  Consoli- 
dated Graded  and  High  School  District — Election — Tax  Levy 
— Laws  Governing  Such.  Schools. — Whenever  it  becomes  desir- 
able on  account  of  economical,  geographical,  educational  or 
other  conditions  to  establish  an,  independent  consolidated 
school,  composed  of  one  or  more  graded  schools  and  other  ad- 
joining common  school  sub-district  or  sub-districts,  it  shall  be 
the  duty  of  the  county  judge  of  the -county  in  which  such  dis- 
trict is  situated,  or  of  each  county  in  which  such  district  is  situ- 
ated, upon  the  petition  of  twenty-five  per  cent  (25%)  of  the 
legal  voters,  who  are  taxpayers  in  the  proposed  district  to  make 
an  order  on  his  order  book,  at  the  next  regular  term  of  his  court 
after  he  receives  said  petition,  fixing  the  boundary  of  any  pro- 
posed independent  consolidated  graded  and  high  school  dis- 
trict, as  agreed  upon  by  the  county  judge  and  the  petitioners, 
and  directing  the  sheriff  or  other  officer  whose  duty  it  may  be 
to  hold  the  election,  to  open  a  poll  in  said  proposed  independ- 
ent consolidated  graded  and  high  school  district,  at  the  next 
regular  State,  county  or  district  election  to  be  held  therein,  or 
on  any  other  date  fixed  by  said  judge  in  said  order,  not  in  any 
case  earlier  than  forty  days  from  the  date  of  said  order,  for 
the  purpose  of  taking  the  sense  of  the  legal  voters  in  the  said 
proposed  independent  consolidated  graded  and  high  school  dis- 


SCHOOL  DISTRICTS— CONSOLIDATED  95 

trict,  upon  the  proposition  whether  or  not  they  will  vote  an 
annual  tax  in  any  sum  named  in  the  said  order,  not  exceeding 
one  hundred  cents  (lOOc)  on  each  one  hundred  dollars 
($100.00)  worth  of  property  assessed  in  said  proposed  inde- 
pendent consolidated  graded  and  high  school  district,  belong- 
ing to  the  said  white  voters  or  corporations,  or  a  poll  tax  in 
any  sum  not  exceeding  one  dollar  and  fifty  cents  ($1.50)  per 
capita  on  each  white  male  inhabitant  over  twenty-one  years 
of  age  residing  in  the  said  independent  consolidated  graded 
and  high  school  district,  or  both  ad  valorem  and  poll  tax,  if 
so  stated  in  the  order,  for  the  purpose  of  maintaining  a  graded 
and  high  school  in  said  independent  consolidated  graded 
and  high  school  district,  and  for  erecting,  purchasing  or  re- 
pairing suitable  buildings  thereto ;  and  for  purchasing,  repair- 
ing or  equipping  conveyances  for  children  to  and  from  the 
school  building  in  said  independent  consolidated  graded  and 
high  school  district ;  and  for  the  equipping  of  school  building 
and  the  employment  of  drivers  for  conveyances  and  teachers 
for  the  schools;  Provided,  that  the  proposition  to  establish 
any  independent  consolidated  graded  and  high  school  district 
as  provided  in  this  section,  is  approved  by  the  County  Board 
of  Education  and  the  County  Superintendent  of  common 
schools  in  writing,  on  the  petition  to  the  county  judge;  and 
that  the  boundary  may  be  extended  beyond  two  and  one-half 
miles  from  the  site  of  the  school  building,  and  that  suitable 
conveyance  be  furnished  the  pupils  in  said  independent  con- 
solidated graded  and  high  school  from  their  homes  or  from 
appropriate  places  near  their  homes  along  the  main  thorough- 
fares to  the  school  building  and  that  the  site  of  the  school 
building  and  the  boundaries  in  the  said  district  are  set  out 
with  exactness  in  said  petition.  Such  independent  consol- 
idated graded  and  high  schools  shall  further  be  subject  to  the 
rules  and  regulations  governing  graded  common  schools. 
(March  22,  1920,  C.  46,  p.  201.) 

The  enacting  clause  to  this  act  reads:  "Be  it  enacted  by  the  Senate  and 
House  of  Representatives   of   the  Commonwealth  of  Kentucky."— (Ed.) 


96  KENTUCKY  SCHOOL  LAWS  1922 

COUNTY  HIGH   SCHOOLS 

County    Board   of   Education    to     Establish     Separate     OP    Joint     High 
Schools — Powers  and   Duties  Concerning. 

Section  85.  (§  4526b-l  Ky.  St)  High  Schools— Concern- 
ifcg— Duty  o?  the  County  Board  of  Education.— (1)  Within 
two  years  after  the  passage  and  approval  of  this  act,  there 
shall  be  established  by  the  County  Board  of  Education  of  each 
county,  one  or  more  county  high  schools:  Provided,  There  is 
not  already  existing  in  the  county  a  high  school  of  the  first 
class.  If  such  high  school  already  exists,  and  if  the  County 
Board  may  be  able  to  make  such  an  arrangement  with  the 
trustees  or  Board  of  Education  of  said  high  school  as  will 
furnish  to  the  pupils  completing  the  rural  school  course  free 
tuition  in  said  high  school,  then  said  high  school  may  be  con- 
sidered as  meeting  the  purpose  of  this  law  without  the  estab- 
lishment by  the  board  of  another  high  school.  The  County 
Board  of  Education  in  the  various  counties  shall  have  full 
power  and  authority  to  unite  with  the  governing  authorities 
of  any  city  or  town  in  their  respective  counties  for  the  purpose 
of  establishing  a  high  school  for  the  joint  use  of  the  city  or 
town  and  such  county,  and  to  unite  with  such  authorities  for 
the  purpose  of  maintaining  such  high  school  if  one  be  already 
in  existence. 

(2)  For  this  purpose  said  county  boards  are  hereby  given 
full  power  and  authority  to  make  such  contracts  as  they  may 
deem  necessary  or  proper  for  the  establishment  and  mainten- 
ance of  such  high  schools  for  the  joint  use  of  the  county  and 
such  city  or  town.  Said  contract  shall  be  in  writing  and  shall 
contain  full  and  complete  stipulations  as  to  employment  and 
compensation  of  teachers,  course  of  study,  paymtent  of  ex- 
penses of  the  school  and  the  control  and  discipline  of  the 
pupils:  Provided,  That  the  total  expense  of  conducting  said 
high  school,  including  estimate  of  the  six  per  cent,  per  annum 
on  all  investments  in  buildings,  grounds  and  equipment,  shall 
be  prorated  between  the  two  boards  of  education  in  proportion 
to  the  enrollment  respectively  of  county  pupils  residing  in 
said  town,  city  graded  school  district,  for  the  term  of  the  first 
half  of  the  session  and  likewise  for  the  term  of  the  second  half 


SCHOOL  DISTRICTS— COUNTY  HIGH  97 

of  the  school  session,  the  entire  school  session  being  in  no  case 
less  than  eight  school  months.  (See  notes  Sec.  136.) 

Section  86.  (§  4526b-2  Ky.  St.)  Contract— Limited— 
Where  Established—Classes — County  Board — City  Course  of 
Study — Who  May  Attend. — Provided,  however,  that  said  con- 
tract tuition  rate  shall  in  no  case  exceed  the  rate  charged  for 
other  pupils.  Provided,  further,  that  the  County  Board  of 
Education  shall  be  limited  in  their  right  to  contract  for  high 
school  instruction  with  a  school  under  public  supervision  and 
control. 

The  first  county  high  school  to  be  established  in  the  county 
shall  be  located  at  the  county  seat;  provided  there  is  not  al- 
ready existing  in  the  county  seat  a  high  school  of  the  required 
grade. 

The  county  high  schools  of  the  Commonwealth  shall  be  of 
the  first,  second  and  third  classes. 

A  first-class  high  school  shall  maintain  a  four  years' 
course  of  study,  which  shall  be  prepared  by  the  State  Board  of 
Education.  Such  course  of  study  m'<ay  provide  for  instruction 
in  manual  training,  domestic  science  and  elementary  agricul- 
ture. 

High  schools  of  the  second  class  shall  maintain  a  course 
of  three  years,  identical  with  the  first  three  years  of  the  first 
class  school. 

A  contract  providing-  for  an  annual  payment  of  $3,000.00  for  five  years 
must  be  regarded  as  creating:  an  indebiedtiess  of  $15,000.00. 

It  is  not  necessary  under  the  statute  that  the  high  school  where  a  con- 
tract is  made  with  the  city  authorities,  shall  be  under  the  control  of  the 
county  board  or  under  the  joint  control  of  both  boards.  County  Board, 
etc.  v.  Board  of  Trustees,  etc.,  154  Ky.  309. 

County  Board  Establishing-  a  High  School— White  and  Colored  Children. 
Prowse  &  Co.  v.  Board  of  Education,  etc.,  134  Ky.  365. 

It  is  the  duty  of  the  board  to  follow  the  statute;  but  if  in  carrying- 
out  the  directions  of  the  statute,  which  is  directory  only,  they  fail  to 
comply  strictly  with  its  provisions,  their  acts  are  not  void,  but  are  irreg-- 
ular  only.  Grant  Co.,  etc.  v.  Chandler,  144  Ky.  348. 

It  was  the  duty  of  the  county  board  of  education  either  to  establish 
a  high  school  of  its  own,  or  to  provide  one  by  contract  with  g-overning- 
authorities  of  an  existing-  high  school. 

County  board  has  no  authority  to  pay  tuition  for  high  school  pupils  to 
any  school  unless  they  have  a  written  contract  with  the  high  school 
signed  by  all  parties  and  that  it  is  a  legally  established  high  school. 

One  who  contracts  with  a  public  officer  acting-  under  the  authority  of 
a  statute  can  contract  only  in  the  manner  pointed  out  by  the  statute; 
otherwise  he  has  no  contract.  County  Board,  etc.  v.  Dudley,  154  Ky.  426. 

OPINIONS  OF  THE  ATTORNEY  GENERAL 

It  is  necessary  for  the  county  board  of  education  to  make  some  ar- 
rangements to  establish  a  county  high  school  but  it  is  not  compelled  to 
continue  a  contract,  which  in  its  opinion,  is  not  just  to  the  county. 

The  county  board  of  education  does  not  have  the  right  to  pay  the  ex- 
penses of  the  high  school  out  of  the  State  school  fund. 


S.  L—  4 


98  KENTUCKY  SCHOOL  LAWS  1922 

High  schools  of  the  third  class  shall  maintain  a  course  of 
two  years,  identical  with  the  first  two  years  of  the  first-class 
high  school. 

(§  4526b-3  Ky.  St.)  Salaries  of  Teachers^— Course  of- 
Study — Text-Book — Age  Limit. — When  county  high  schools 
shall  be  established,  as  provided  in  this  act,  it  shall  be  the  duty 
of  the  County  Board  of  Education  to  employ  and  fix  the  sal- 
aries of  said  teachers  necessary  to  the  efficient  conduct  of  said 
high  school  and  prescribe  the  course  of  study  to  be  pursued, 
but  said  course  of  study  shall  not  be  below  the  standard  fixed 
by  the  State  Board  of  Education. 

If  any  person  who  has  enrolled  in  the  high  school  reaches 
the  age  of  eighteen  years  and  in  good  faith  desires  to  con- 
tinue said  high  school  work  each  consecutive  year,  or  if  any 
person  who  becomes  eighteen  years  of  age  is  not  enrolled  in 
a  high  school  who  is  qualified  to  enter  same,  it  shall  be  and  is 
hereby  made  the  duty  of  the  County  Board  to  permit  said  per- 
son to  enter  and  continue  said  high  school  work  under  the 
same  terms  and  conditions  as  before  reaching  the  age  limit 
for  attending  school,  until  said  high  school  work  has  been 
completed. 

Section  87.  (§  4526b-4  Ky.  St.)  Joint  High  Schools- 
Maintained  by  Adjacent  Counties. — That  whenever  it  becomes 
desirable  by  and  between  two  or  more  adjacent  counties  of 
this  Commonwealth,  where  the  geographical  and  other  condi- 
tions are  favorable,  such  counties  shall  have  authority,  by  and 
through  the  County  Board  of  Education  of  such  counties,  to 
enter  into  a  contract  for  the  erection,  organization  and  main- 
tenance of  one  or  more  county  high  schools,  which  shall  be 
used  jointly  by  said  counties.  The  contract  for  the  erection, 
organization,  operation  and  maintenance  of  such  county  high 
schools  shall  be  in  writing  and  shall  stipulate  in  full  and  com- 
plete  terms  the  number  of  years  said  contract  shall  run,  the 
arrangement  as  to  the  employment  of  teachers,  course  of  study 
and  general  operation  of  said  joint  high  school.  Such  a  con- 
tract may  be  made  for  the  operation  of  either  white  or  colored 
high  schools.  Whenever  there  are  cities  or  graded  schools 
operating  high  schools,  the  County  Board  of  Education  of  two 


SCHOOL  DISTRICTS— COUNTY  HIGH  99 

or  more  counties  shall  have  authority  to  enter  into  a  contract 
jointly  with  such  city  or  graded  school  to  maintain  county 
high  schools  for  the  joint  use  of  such  city  or  graded  school  arid 
the  county  or  counties  making  such  contract.  The  general 
school  laws  for  the  maintenance  and  operation  of  county  high 
schools  shall  control  in  the  operation  of  high  schools  which  may 
be  established,  operated  and  maintained  under  the  provisions 
of  this  act,  except  as  is  otherwise  herein  provided. 

Section  88.  (§  4526b-5  Ky.  St.)  That  where  an  ap- 
proved high  school  already  exists  that  any  high  school  pupil 
shall  have  the  privilege  of  attending  the  school,  in  the  county 
which  is  most  convenient,  and  that  the  county  in  which  he 
resides  shall  pay  the  tuition  of  said  pupil  at  the  same  rate  as 
fixed  for  other  high  school  pupils  in  said  county. 

If  a  school  has  been  designated  and  created  by  the  county  board  of 
education  as  a  county  high  school,  the  authority  for  the  employment  of 
teachers  in  the  entire  school  is  with  the  county  board  of  education,  and 
the  trustee  of  the  district  in  which  the  high  school  is  created  has  no 
authority  to  appoint  or  designate  teachers  in  the  school,  not  even  for 
the  branches  taught  in  the  common  school  before  it  was  designated  as 
a  high  school.  Moss,  etc.  v.  Eubank,  etc.,  176  Ky.  739. 

Any  arrangement  or  contract  between  the  board  of  education  of  the 
county  or  other  school  authority  by  which  a  sectarian  school  is  treated 
as  a  county  high  school  and  common  school  graduates  allowed  to  attend 
it  for  a  stipulated  tuition  fee  paid  by  the  board  of  education  is  prohibited 
by*  the  Constitution  and  void.  Williams,  etc.  v.  Board,  etc.,  171  Ky.  708. 


Chapter  IX. 

SUB-DISTRICT  TRUSTEES 

Sec.  88k.  Election  and  duties.  Sec.  88d.  May  order  school  closed 
Sec.  88b.  Census  to  be  taken— bi-  in  case  of  epidemic. 

ennially— report.  Sec.  88e.  Reports  to  be  made  to 
Sec.  88c.  Duty  to  visit  parents  and  county  superintendent. 

urge  attendance.  Sec.  88f.  Penalty  for  neglect  of 
Sec.  88c.  Power  to  suspend  pupil,  duty. 

when. 

Section  88a.  (§  4420a-5  Ky.  St.)  Subdistrict  Trustees- 
Election  and  Duties.— That  on  and  after  the  passage  of  this 
act  sub-district  trustees  in  county  rural  school  districts  shall 
be  elected  by  the  qualified  voters  of  such  district  every  two 
years.  The  election  shall  be  conducted  t>y  two  persons  pos- 
sessing the  qualifications  of  electors  who  reside  in  the  district, 
to  be  appointed  by  the  County  Board  of  Education.  The  elec- 
tion shall  be  held  at  the  school  house  in  each  sub-district  on 
the  first  Saturday  in  May  between  the  hours  of  two  o'clock  p. 
m,.  and  4  o'clock  p.  m.  and  shall  be  viva  voce.  The  officers 
of  the  election  shall  keep  a  record  book  in  which  the  name  of 
each  person  voting  is  recorded  and  the  candidate  for  whom  he 
votes,  which  book  shall  be  properly  certified  by  said  officers 
and  turned  over  to  the  County  Board  of  Education  within  five* 
days  of  the  election.  The  person  receiving  the  highest  num- 
ber of 'votes  cast  shall  be  elected  sub-district  trustee  for  a 
term  of  two  years  and  until  his  successor  is  elected  and  quali- 
fied. Any  vacancy  that  may  exist  in  the  trusteeship  of  any 
school  sub-district  shall  upon  the  recommendation  of  the 
County  Superintendent  be  filled  by  appointment  by  the  County 
Board  of  Education,  and  the  trustee  thus  appointed  shall  hold 
office  until  the  next  regular  election  for  sub-district  trustee. 
It  shall  be  the  duty  of  the  sub-district  trustee  to  visit  the 
schools  in  his  sub-district  at  least  once  each  month  while  the 
school  is  in  session,  and  to  report  to  the  County  Superintend- 
ent from  time  to  time  the  condition  of  the  school  and  the  needs 
thereof.  He  shall  under  the  supervision  and  direction  of  the 
County  Superintendent  take  the  census  of  the  pupil  children 
of  the  sub-district  and  make  such  reports  thereof  as  the  law 
requires.  It  shall  further  be  the  duty  of  the  sub-district  trus- 
tee to  meet  with  the  County  Board  of  Education  at  such  tim'es 


SUBDISTRICT  TRUSTEES  101 

as  it  may  request  him  in  writing  to  do  so,  and  to  advise  with 
and  to  give  such  information  as  he  possesses  relating  to  the 
qualification  and  fitness  of  applicants  to  teach,  and  the  general 
needs  of  the  school.  It  is  further  made  the  duty  of  the  sub- 
district  trustee  to  assist  the  County  Superintendent  and  teach- 
er in  the  enforcement  of  the  compulsory  attendance  law  in 
counties  where  no  attendance  officer  is  employed.  The  first 
election  to  be  held  under  this  act  shall  be  held  on  the  first 
Saturday  in  May^  1923,  and  the  trustees  then  elected  shall 
qualify  and  enter  upon  the  discharge  of  the  duties  of  their 
respective  offices  as  soon  as  the  vote  can  be  examined  and  certi- 
fied by  the  County  Board  of  Education.  (This  is  an  Act  of 
March,  1922,  and  the  section  number  has  not  been  assigned  in 
any  official  publication  of  the  Statutes.) 

Section  88b  (§  4434a-3.)  Duties!  of  Trustees— Census 
—Fees  For.— (1)  It  shall  be  the  duty  of  the  trustee  in  each 
school  sub-district,  to  personally  supervise  the  school  or  schools 
in  his  sub-district,  and  to  report  the  needs  thereof  to  the 
division  board  of  his  educational  division  at  its  regular  meet- 
ing, together  with  such  recommendations  as  he  may  deem  nec- 
essary for  the  best  interest  of  said  school  or  schools.  All  such 
reports  and  recommendations  shall  be  in  writing. 

(2)  The  division  board  shall  refer  such  reports  to  the 
county  board  with  its  recommendations  on  same. 

(3)  The  trustee  of  each  school  sub-district  shall,  in  the 
month  of  April  biennially,  make  and  return  to  the  County 
Superintendent  a  complete  census  of  the  children  of  school 
age  residing  in  his  district,  and  for  the  performance  of  all  his 
duties  he  shall  be  allowed  and  paid  the  sum  of  five  cents  per 
pupil  child  reported  in  such  census. 

(4)  He  shall  make  a  complete  census  of  illiterate  chil- 
dren of  school  age,  with  the  names  of  their  parents  or  guardi- 
ans with  their  post  office  address;  also  the  names  of  all  chil- 
dren of  school  age  who  have  completed  the  common  school 
course,  together  with  their  ages.     He  shall  make  a  census  of 
the  names  of  the  children  who  are  attending  school  outside  of 
the  district  in  which  they  reside.     This  census  and  these  re- 


102  KENTUCKY  SCHOOL  LAWS  1922 

ports  must  be  made  by  the  sub-district  trustee  at  the  time 
now  provided  by  law  for  taking  the  school  census. 

(5)  The    County    Superintendent    of    Schools    in  each 
county  shall  make  a  complete  report  of  said  census  to  the 
State   Superintendent   of  Public   Instruction,   whose   duty  it 
shall  be  to  have  printed  biennially  and  distributed  a  report 
of  same,  giving  the  number  of  children  in  each  school  district 
and  stating  the  number  who  are  illiterate  and,  in  addition, 
the  number  who  have  completed  the  comlmon  school  course, 
together  with  the  number  who  are  attending  school  outside 
of  the  district  in  which  they  reside.    (Sign  teachers'  report, 
Sees.  55,  8,  51,  See  See,  121.) 

(6)  For  the  years  in  which  no  census  is  required  to  be 
taken  under  this  act  the  Superintendent  of  Public  Instruction 
shall  determine  the  amount  of  per  capita  to  be  paid  over  to 
the  County  Board  of  Education  in  every  county  by  adding 
annually  to  the  number  of  children  of  school  age  as  shown 
by  the  next  preceding  census  actually  taken,  such  increase  or 
addition  as  he  may  ascertain  to  be  the  annual  increase  of  chil- 
dren of  school  age  in  the  county  upon  averaging  the  yearly  in- 
crease shown  by  the  three  actual  enumerations  next  preced- 
ing; Provided,  however,  that  the  County  Board  of  Education 
of  any  county  or  Superintendent  of  Public  Instruction  may 
elect  to  take  an  actual  census  in  any  such  years,  in  which  case 
the  return  of  such  census  shall  govern. 

(7)  The  Superintendent  of  Public  Instruction  shall,  in 
his  biennial  report  give  a  statement  of  the  estimated  census  for 
any  year  included  in  said  report,  wherein  distribution  of  per 
capita  may  have  been  made  upon  estimated  census,  as  pro- 
vided herein,  in  such  manner  as  to  show  clearly  the  actual 
enumeration  upon  which  such  estimates  may  have  been  based 

OPINION    OP    THE    ATTORNEY    GENERAL 

Children  in  any  charitable,  fraternal  or  orphans'  home  not  sent  to 
public  schools,  but  taugrht  privately  within  the  institution  in  whose 
chargre  they  are  placed,  should  not  be  taken  by  the  census  enumerator, 
but  the  children  who  .are  sent  to  the  public  schools  should  be  included  in 
the  census. 

An  idiot  is  not  capable  of  receiving-  instruction,  and  if  a  person  is  so 
feeble-minded  that  he  can  not  receive  instruction  and  that  it  is  unnec- 
essary to  send  him  to  school,  he  is  in  the  same  class  as  an  idiot.  Deaf 
and  dumb  children  also  fall  in  the  same  class.  Neither  should  be  in- 
cluded in  the  school  census. 


SUBDISTRICT  TRUSTEES  103 

• 

and  in  the  manner  in  which  the  estimated  census  has  been  com- 
pleted.    (As  amended  March  18,  1916,  G.  24,  p.  162.) 

Section  88c.  (§  4446  Ky.  St.)  Trustees  to  Visit  Parents 
and  Urge  Attendance  of  Children — Indigent  Children. — Dur- 
ing the  two  weeks  preceding  the  opening  of  the  school,  the 
sub-district  trustee  shall  visit  all  the  parents  of  pupil  children 
and  urge  upon  them  the  necessity  of  prompt  and  regular  at- 
tendance at  school.  He  shall  make  careful  inquiry  as  to  whether 
any  children  are  unable  to  purchase  the  necessary  books,  and 
immediately  report  the  names  of  all  such  children  to  the 
County  Superintendent  only.  During  the  progress  of  the 
school  the  sub-district  trustee  shall  ascertain  the  cause  of  non- 
attendance  of  children,  and  shall  remove  such  causes,  if  prac- 
ticable. 

(§  4447  Ky.  St.)  Visitation  of  School— Pupils  May  be 
Suspended  or  Expelled — Dismissal  of  Teacher. — (1)  The  sub- 
district  trustee  shall  be  at  the  school  house  on  the  day  of  the 
opening  of  the  school  and  at  the  same  place  at  least  once  a 
month  thereafter  during  the  session  of  the  school.  On  each 
visit  he  shall  carefully  examine  the  teacher's  register  and 
shall  consider :  First,  the  condition  of  the  school  house,  furni- 
ture, apparatus  and  surroundings;  second,  the  work  of  the 
school;  third,  the  attendance  and  how  to  increase  it;  fourth, 
the  needs  of  the  school,  such  as  fuel,  broomjs,  buckets,  crayons, 
desks,  blackboards,  books,  etc. 

(2)  He  shall  provide  for  any  deficiency  that  may  exist 
in  any  of  these  respects  as  provided  in  section  94  of  this  act, 
and  see  that  the  regulations  for  the  government  of  the  school 
are  complied  with,  and  that  the  teacher  performs  his  duty; 
he  shall  see  that  a  sufficient  supply  of  good  water  is  furnished 
within  easy  access  of  the  school  house  for  the  benefit  of  the 
schools  during  the  term  of  the  school. 

OPINION  OF  THE   ATTORNEY  GENERAL 

The  purpose  of  this  section  is  that  if  the  county  board  thinks  that 
there  has  been  an  unusual' increase  it  may  protect  the  county,  or  if  the 
Superintendent  of  Public  Instruction  should  think  that  the  increase,  as 
ascertained  according-  to  this  section,  was  not  fair,  he  may  direct  a 
census  in  the  county. 

The  taking-  of  the  census  in  one  subdistrict  or  in  a  number  of  subdis- 
tricts  less  than  the  whole  number  would  not  be  a  census  of  the  county. 
Where  a  census  is  directed  to  be  taken  in  such  years  it  should  be  the 
entire  census  of  the  county,  the  same  as  when  it  is  taken  in  the  years  in 
which  it  is  required  to  be  taken. 


104  KENTUCKY  SCHOOL  LAWS  1922 

• 

(3)  Upon  complaint  of  the  teacher  in  writing,  the  trustee 
shall  have  power,  after  investigation,  to  suspend  a  pupil  or 
expel  him  from  school. 

(4)  When  the  trustee  shall  ascertain  by  examining  the 
teacher's  register  or  monthly  report  that  the  average  daily  at- 
tendance for  twenty  consecutive   days  taught  has  been  less 
than  twenty-five  per  centum  of  the  total  number  of  pupil  chil- 
dren of  the  district  as  shown  by  the  last  census,  he  shall  report 
the  same  to  the  County  Board  of  Education,  which  may,  upon 
his  recommendation,  dismiss  the  teacher  and  upon  his  nomina- 
tion employ  another  teacher  to  complete  the  session  of  the 
school  unless  the  board  shall  be  satisfied  that  the  decreased 
attendance  was  due  to   such  natural  causes  as  high  water, 
extremely  inclemlent  weather,  epidemics  or  unusual  sickness 
in  the  district.     (See  Sees.  5,  190  and  notes  Sec.  95.) 

Section  88d.  (<§  4448  Ky.  St.)  Infectious  Disease— Epi- 
demics— Duty  of  Trustees — Teacher  Not  to  Lose  Time. — When 
any  family  shall  have  any  infectious  or  contagious  disease,  no 
member  of  such  family  shall  attend  any  school  until  the  trus- 
tees thereof  shall  allow  them  to  do  so ;  and  during  the  preval- 
ence in  the  district  of  dangerous  epidemics,  the  trustee  shall 
order  the  school  closed;  but  the  teacher  shall  not  be  required 
to  lose  the  time  of  this  forced  suspension,  unless  so  stipulated 
in  his  contract.  (See  notes  Sec.  148.) 

(§  4449  Ky.  St.)  Census  of  Children  in  District— Penalty 
for  Fraud  or  Failure.— It  shall  be  the  duty  of  the  trustee  of 
each  sub-district,  biennially,  during  the  month  of  April,  to 
take  an>  exact  census  of  all  the  children  that  reside  in  such  sub- 
district  on  the  first  day  of  April,  who  will  be,  on  the  first  day 
of  July  following,  between  the  ages  of  six  and  eighteen  years, 
and  on  or  before  the  first  day  of  May  report  a  list  of  the 
same  to  the  County  Superintendent,  and  a  duplicate  list  to  the 

Section  119  giving:  to  the  trustees  power  to  dismiss  a  teacher,  with  the 
consent  of  the  county  superintendent,  where  her  register  or  monthly  re- 
port shows  that  the  average  daily  attendance  for  twenty  consecutive  days 
taught  has  been  less  than  twenty-five  per  centum  of  the  total  number  of 
pupil  children  of  the  district,  as  shown  by  last  census,  unless  they  shall 
be  satisfied  that  the  decreased  attendance  was  due  to  such  natural  causes 
as  high  water,  extremely  inclement  weather,  epidemics  or  unusual  sick- 
ness in  the  district. 

Five  days'  notice  in  writing  is  not  necessary  before  a  teacher  can  be 
dismissed.  Reasonable  notice  is  all  that  is  required.  Wheatley  v.  Division 
Board,  etc.,  144  Ky.  783. 


SUBDISTRICT  TRUSTEES  105 

clerk  of  the  county  court,  to  be  filed  in  his  office,  specifying 
the  name,  age,,  sex  and  names  of  the  parents  or  guardians  of 
each  child,  to  be  entered  in  a  book  furnished  him  by  the 
State,  and  kept  as  a  part  of  the  records  of  his  office.  Should 
said  trustees  wilfully  add  to  the  list  the  names  of  persons  not 
entitled  to  be  placed  on  same,  or  otherwise  knowingly  make  a 
false  list,  such  person  thus  offending  shall,  in  addition  to  being 
liable  to  punishment  for  the  crime  of  false  swearing,  be  sub- 
ject to  a  fine  of  not  less  than  fifty  dollars;  and  should  any 
other  school  officer  be  a  party  to  such  faudulent  list,  or  in 
any  way  aid  in  the  commission  of  such  fraud,  he  shall  be  liable 
to  the  same  punishment. 

For  a  failure  to  take  such  census  and  report  .the  same 
within  the  time  and  in  the  manner  herein  required,  the  trustee 
shall  be  liable  to  a  fine  of  not  less  than  twenty  dollars;  and 
said  trustee  shall  not  take  the  census  of  any  children  who 
have  recently  removed  into  the  district  and  who  have  been 
previously  reported  in  the  census  of  the  pupil  children  for  the 
year  in  the  district  from  which  they  have  moved,  or  who  had 
recently  removed  into  the  district  from  another  State  or 
county;  but  any  pupil  child  who  may  not  have  been  reported 
in  the  district  In-  which  he  resides  may  attend  the  common 
school  without  payment. 

This  section  shall  be  printed  in  the  census  blanks  furnished 
by  the  Superintendent  of  Public  Instruction. 

Section  88e.  (§  4450  Ky.  St.)  Report  to  County  Super- 
intendent Each  Year. — At  the  termination  of  each  school  year 
the  trustee  shall  make  a  report  to  the  County  Superintendent, 
showing,  in  tables  of  details  and  aggregates,  the  length  of 
time  taught ;  the  highest,  lowest  and  average  numiber  of  chil- 
dren at  school;  the  cost  of  tuition  of  each  child  for  the  session 
and  per  month ;  the  number  of-  private  schools,  academies  and 
colleges  taught  in  the  district,  and  length  of  sessions  of  the 
same;  the  number  of  teachers  employed,  rn^ale,  female,  and 
total  for  the  common  schools;  the  wages  of  male  or  female 
teachers ;  the  amount  of  money  raised  for  common  school  pur- 
poses in  the  district  by  district  tax  or  otherwise,  and  for  what 
the  same  was  disbursed ;  the  kind  and  value  of  school  houses, 


106  KENTUCKY  SCHOOL  LAWS  1922 

and  the  number  of  volumes  in  district  library,  if  any ;  and  any 
other  information  required  of  them  by  the  County  Superin- 
tendent touching  the  school.  (See  Sec.  58.) 

(§  4451  Ky.  St.)  Reports  to  be  Signed  by  Sub-district 
Trustee — Penalty  for  Failure  to  Make. — The  sub-district  trus- 
tee shall  sign  all  reports  made  by  him,  and  for  a  failure  to 
make  and  such  report  within  thirty  days  after  the  same  is  re- 
quired by  law,  shall  be  subject  to  a  fine  of  twenty  dollars,  and 
besides  shall  be  liable  to  an  action  for  damages  by  any  person 
injured  thereby. 

(§  4452  Ky.  St.)  Penalty  for  Buying  Teacher's  Claim  or 
Accepting1  Bribe. — No  trustee  shall  be  allowed  to  buy  any 
teacher's  claim,  directly  or  indirectly,  under  the  penalty  of 
removal  from  office  by  the  County  Superintendent. 

(2)  Any  teacher  who  shall  offer  or  give,  directly  or  in- 
directly, any  trustee  who  shall  ask  or  accept,  directly  or  in- 
directly, either  for  himself,  for  another  trustee,  for  the  sub- 
district,  the  school,  or  the  school  house,  any  valuable  consider- 
ation other  than  the  services  of  the  teacher  for  employing,  or 
for  being  a  party  to  employing  a  teacher,  shall  be  deemed 
guilty  of  bribery,  and  upon  indictment  and  conviction  thereof, 
shall  be  fined  as  provided  by  law  for  the  punishment  of  bribery. 
(See  Sec.  64.) 

Section  88f.  (§  4453  Ky.  St.)  Penalty  for  Neglect  of 
Duty  of  Misfeasance. — For  any  neglect  of  duty  or  misfeasance 
or  malfeasance  in  office,  the  trustee  shall,  in  addition  to  being 
fined  as  aforesaid,  be  removed  from  office  by  the  County  Sup- 
erintendent, who,  in  investigating  such  matters,  as  well  as 
the  matters  set  out  in  Sections  65,  185,  186,  187  and  190  of  this 
act,  shall  have  the  same  power  to  issue  subpoenas  and  attach- 
ments for  witnesses,  and  to  compel  their  attendance  and  testi- 
mony as  is  possessed  by  the  judge  of  the  quarterly  court  in 
examining  trials  of  persons  charged  with  offenses  against  the 
law;  and  sheriffs,  constables  and  marshals  shall  be  under  the 
same  obligations  and  subject  to  the  same  penalties  for  neglect 
or  refusal  to  execute  the  orders  of  said  superintendent  as  for 
refusal  or  neglect  to  execute  the  orders  of  the  judge  of  the 
quarterly  court  of  the  county,  and  from  the  decision  of  the 


SUBDISTRICT  TRUSTEES  107 

County  Superintendent  any  party  aggrieved  may  appeal  to  the 
Superintendent  of  Public  Instruction. 

(§  4455  Ky.  St.)  Penalty  for  Failure  to  Perform  Duties. 
— If  any  person  who  is  elected  or  appointed  trustee  of  a  com- 
mon school,  under  the  provisions  of  this  act,  shall  wilfully  fail 
or  neglect,  after  having  accepted  said  office,  to  perform  the 
duties  imposed  upon  him  herein,  he  shall  be  fined  fifty  dollars 
therefor. 

(§  4456  Ky.  St.)  Books  and  Records  to  be  Delivered  to 
Successor — Penalty. — A  trustee,  when  he  resigns,  vacates,  is 
removed  or  goes  out  of  office,  shall,  within  ten  days  thereafter, 
deliver  to  his  successor  any  money,  property,  books  or  papers 
in  his  custody  as  trustee ;  and  for  failure  therein,  he  may  be 
fined  any  sum  not  exceeding  fifty  dollars;  and  it  shall  be  the 
duty  of  the  County  Superintendent  to  report  all  such  defaults 
to  the  grand  jury. 


Chapter  X. 

COMPULSORY  ATTENDANCE 

Sec.  89.  Attendance  officers— selec-  Sec.  90a.  Applies  to  municipal 

tion  and  duties.  schools. 

Sec.  90.  Duty  of  parents  and  Sec.  90a-l.  Duty  of  teacher  to  re- 

g-uardian  to  enroll  and  port— court's  jurisdiction 

require  pupils  to  attend.  —penalty. 

Sec  90  Children  who  are  exempt.  Sec.  91.  Parents  of  deaf  children, 

duty— transportation,  etc. 

Section  89.  (§'4526c-l  Ky.  St.)  Attendance  Officers— 
Compensation. — The  County  Board  of  Education  of  each  of 
the  several  counties  shall  appoint  with  the  approval  of  the 
County  Superintendent,  at  least  one  attendance  officer,  male 
or  female,  who  shall  give  his  or  her  entire  timje  to  the  duties 
of  office;  and  such  additional  attendance  officers  may  be  ap- 
pointed as  the  County  Board  of  Education  may  deem  neces- 
sary. The  compensation  of  such  attendance  officer  or  officers 
shall  be  fixed  by  the  County  Board  of  Education  and  paid  from 
the  county  school  fund.  (March  22,  1920,  C.  43,  p.  191.*) 

Section  90.  (§  4526c-2  Ky.  St.)  Parents  and  Guardians 
to  Send  Children  to  School — Exceptions.— Every  parent,  guard- 
ian or  other  person  residing  within  the  boundaries  of  any 
county  school  district  and  having  the  custody,  control  or  super- 
vision of  any  child  or  children  (shall  cause  such  child  or  chil- 
dren*) to  be  enrolled  in  and  to  attend  regularly  some  common, 
private  or  parochial  school  each  school  year  for  the  full  term 
of  such  school,  provided  that  in  the  case  of  a  private  or  paro- 
chial school  the  term,  shall  not-  be  for  a  shorter  period  in  each 
year  than  the  term  of  the  common  school  of  the  district  of  the 
child's  or  children's  residence,  and  that  the  teacher  or  teachers 

*The  title  to  this  act  is:  "An  act  repealing-  subsection  one  of  section 
4521a,  Ky.  Statutes,  Carroll's  Edition,  1915,  being-  the  same  as  section  213  of 
Chapter  17  of  the  common  school  law  1918,  and  enacting-  in  lieu  thereof 
new  provisions  relating  to  the  compulsory  attendance  of  pupil  children  in 
the  common  schools  of  this  State." 

Section  4521a  of  the  1915  edition  of  the  Ky.  Statutes  was  expressly  re- 
pealed by  the  act  of  March  18,  1918,  c.  24,  p.  162.  Similar  provisions  were 
re-enacted  by  that  act  and  were  compiled  as  section  4526c  of  volume  3 
(1918  Supplement)  to  the  1915  edition.  Does  the  title  to  the  present  act 
authorize  the  amendment  to  any  part  of  the  act  of  1916  compiled  as  section 
4526c  or  to  anything  but  section  4521a-l  of  the  1915  edtion?  See  South  v. 
Fish,  —  Ky.  — . 

It  is  also  well  to  note  that  important  words  which  are  essential  in 
stating-  the  duty  imposed  by  this  law  were  omitted  from  the  act,  which 
words  are  in  parentheses  in  section  4526c-2. 

Furthermore  section  4526C-4  fails  to  fix  the  maximum  penalty.— (Ed.) 


COMPULSORY  ATTENDANCE  109 

and  the  course  of  study  of  such  private  or  parochial  school 
shall  have  been  approved  by  the  State  Board  of  Education 
and  that  reports  of  the  attendance  of  all  children  enrolled  in 
such  private  or  parochial  school  shall  be  submitted  by  such 
private  or  parochial  school  in  the  sarnie  manner  as  re- 
quired of  common  schools;  and  provided  further  that  the  pro- 
visions of  this  section  shall  not  apply  to  any  child  who  is  ex- 
cused by  the  County  Board  of  Education  upon  its  being  shown 
to  the  satisfaction  of  such  board  by  certificate  of  the  public 
health  officer  of  the  county  that  such  child  is  not  in  proper 
mental  or  physical  condition  to  attend  school;  and  provided 
further,  that  the  provisions  of  this  section  shall  not  apply  to 
any  child  who  has  satisfactorily  completed  the  full  course  of 
instruction  offered  by  the  public  schools  of  the  district  where 
he  resides. 

Section  90a.  (§  4526c-3  Ky.  St.)  Same— In  Cities  of 
First,  Second,  Third  or  Fourth  Classes.— 'Every  parent,  guard- 
ian or  other  person  in  any  city  of  the  first,  second,  third  or 
fourth  class,  having  the  custody,  control  or  supervision  of  any 
child  or  children  between  the  ages  of  seven  and  sixteen  years, 
shall  cause  such  child  or  children  to  be  enrolled  in  and  to  at- 
tend regularly  some  public,  private  or  parochial  school  each 
year  for  the  full  term  of  such  school,  provided  that  in  the  case 
of  a  private  or  parochial  school  the  term  shall  not  be  for  a 
shorter  period  in  each  year  than  the  term  of  the  public  school 
of  the  city  of  the  child's  or  children's  residence,  and  that  the 
teacher  or  teachers  and  the  course  of  study  of  such  private  or 
parochial  school  shall  have  been  approved  by  the  State  Board 
of  Education,  and  that  reports  of  the  attendance  of  all  chil- 
dren enrolled  in  such  private  or  parochial  school  shall  be  sub- 
mitted by  such  private  or  parochial  school  in  the  same  manner 
as  required  by  public  schools. 

Provided,  further,  that  this  section  shall  not  apply  to  any 
child  who  is  excused  by  the  board  of  education  or  school  board 
of  the  city  in  which  the  parent,  guardian  or  custodian  of  such 


*The  words  in  parentheses  were  omitted  from  the  original  act.  See, 
also,  editorial  notes  to  section  4526c-l. 

The  Court  of  Appeals  in  the  case  of  Commonwealth  v.  Francis,  192 
Ky.  p.  236,  held  this  act  to  be  constitutional  and  supplied  the  words  shown 
in  parentheses. 


HO  KENTUCKY  SCHOOL  LAWS  1922 

child  resides,  upon  its  being  shown  to  the  satisfaction  of  the 
superintendent  or  chief  executive  officer  of  schools  by  certi- 
ficate of  the  public  health  officer,  which  certificate  shall  be 
filed  in  the  office  of  the  superintendent  of  schools,  that  such 
child  is  not  in  proper  physical  or  mental  condition  to  attend 
school. 

Provided,  further,  that  the  provisions  of  this  act  shall  not 
apply  to  any  child  between  fourteen  and  sixteen  years  of  age 
to  whom  an  employment  certificate  shall  have  been  issued  in 
accordance  with  the  provisions  of  the  law  regulating  the  em- 
ployment of  children  and  who  is  lawfully  and  steadily  em- 
ployed. 

Provided,  further,  that  every  child  between  fourteen  and 
sixteen  years  of  age  to  whom  an  employment  certificate  shall 
have  been  issued  and  who  is  lawfully  and  steadily  employed 
and  who  has  not  satisfactorily  completed  the  course  of  study 
corresponding  to  the  first  eight  years  of  the  public  schools, 
shall  attend  a  continuation  school  when  established  for  not 
less  than  four  nor  more  than  eight  hours  each  week  through- 
out the  regular  term  of  the  public  schools,  between  the  hours 
of  eight  a.  m.'.  and  five  p.  m.,  but  in  no  case  on  Saturday  after- 
noon or  on  Sunday.  (Id.,  Sec.  3f.) 

Section  90a-l.  (§  4526c-4  Ky.  St.)  Teachers  to  Report 
Absence  of  Children  to  Attendance  Officer — Investigation — 
Prosecution  of  Offenders— Penalty.— It  shall  be  the  duty  of  the 
teacher  at  the  end  of  each  week  to  report  the  name  and  the  age 
of  each  and  every  child  residing  in  her  school  sub-district  who 
fails  to  attend  school  as  herein  prescribed  to  the  attendance 
officer  immediately  to  investigate  said  case  or  cases  and  if  it 
be  neglect  or  refusal  on  the  part  of  the  person  who  has  such 
child  under  his  control  to  report  said  case  or  cases  to  the 
nearest  court  having  jurisdiction  of  the  same,  and  it  shall  be 
the  duty  of  said  court  immediately  to  issue  his  warrant  against 
the  person  having  control  of  such  child  who  fails  or  refuses  to 
send  said  child  to  school  and  said  court  shall  proceed  to  try 
said  case  as  other  criminal  cases  are  tried.  Any  person  who 
has  a  child  under  his  control  and  who  fails  to  comply  with  any 

fSee  editorial  note  to  section  4526c-l. 


COMPULSORY  EDUCATION— DEAF  111 

of  the  provisions  of  this  section  shall  be  guilty  of  a  misde- 
meanor and  shall  be  fined  not  less  than  five  dollars  ($5.00)  for 
each  offense.  (Id.  Sec.  4.f) 

(§  4526c-5  Ky.  St.)  Repealed  Laws. — All  acts  and  parts 
of  acts  inconsistent  herewith  are  hereby  repealed. 

Section  91.  (§  4526c-6  Ky.  St.)  Record  of  Birth  and  Age 
of  Child. — A  passport,  a  duly  attested  transcript,  or  the  certi- 
ficate of  birth  of  baptism,  a  certified  copy  under  oath  of  a 
record,  showing  the  date  and  place  of  birth  of  such  child, 
shall  be  produced  as  proof  of  age.  In  case  such  certificate  or 
record  as  hereinbefore  provided  cannot  be  secured,  upon  proof 
of  such  fact  the  record  of  the  age  stated  in  the  first  enroll- 
ment to  be  found  shall  be  considered  as  evidence  thereof.  If 
there  be  no  school  enrollment  showing  such  fact,  other  evi- 
dence as  to  the  age  of  said  child  shall  be  considered.  (Id., 
Sec.  6,  as  amended  March  18,  1916,  C.  24,  p.  162,  Sec.  218.) 

COM/PULSORY    EDUCATION   OF   THE    DEAF. 

Section  91a.  (§  1.  Acts  1918.)  Deaf  Child— Parent  Re- 
quired to  Send. — That  every  parent,  guardian,  or  other  per- 
son, residing  in  the  Commonwealth  of  Kentucky,  having  the 
custody,  control,  care  or  supervision  of  any  deaf  child  between 
the  ages  of  seven  and  sixteen  years,  inclusive,  shall  cause  said 
child  to  attend  some  public,  private  or  parochial  school,  in 
this  Commonwealth,  wherein  deaf  children  are  taught,  in- 
structed and  educated,  for  the  full  term,  each  year,  for  at  least 
nine  years. 

Section  2.  (Acts  1918.)  Does  Not  Apply— When.— This 
act  shall  not  apply  in  any  case  where  the  child  is  being  taught 
in  its  home  by  an  instructor  who  is  competent  and  qualified 
to  give  instruction  to  the  deaf;  nor  to  any  child  who  through 
its  parents,  guardian,  or  persons  having  such  child  in  control, 
shall  produce  a  certificate  from  the  County  Board  of  Health 
of  the  residence  of  the  parent,  guardian  or  person  having  con- 
trol of  such  child,  to  the  effect  that  the  child  is  not  in  proper 
mental  or  physical  condition  to  be  sent  to  any  such  school  as 
above  provided,  nor  to  any  deaf  child  who  is  successfully  pur- 
suing the  course  of  study  in  some  reputable  public  or  private 
school  for  the  hearing;  nor  to  any  child  who  is  regularly  en- 


112  KENTUCKY  SCHOOL  LAWS  1922 

rolled  as  a  pupil  in  a  reputable  school  for  the  deaf  or  the  hear- 
ing outside  the  Commonwealth  of  Kentucky. 

Section  3.  (Acts  1918.)  Penalty. — Any  parent,  guard- 
ian, or  person  having  such  child  under  his  or  her  control  or 
supervision,  who  fails  to  comply  with  the  provisions  of  -this 
act,  shall  upon  conviction,  in  any  court  of  competent  jurisdic- 
tion, be  fined  in  any  sum  not  less  than  ten  nor  mbre  than 
twenty-five  dollars,  for  the  first  effense,  and  upon  a  conviction 
of  a  second  or  any  subsequent  offense  or  offenses,  be  fined  not 
less  than  twenty-five  or  more  than  fifty  dollars,  and  the  costs 
of  the  prosecution. 

Section  4.  (Acts  1918.)  Age— False  Statement— Pen- 
alty.— Any  person,  proceeded  against  under  this  act,  for  a 
violation  thereof,  who,  with  the  intent  to  evade  the  provisions 
of  this  law,  shall  make  a  false  statement  concerning  the  age  of 
such  child,  as  described  above,  or  the  length  of  time  such  child 
has  attended  a  school  for  the  deaf,  shall  be  deemed  guilty  of 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in 
any  sum  not  exceeding  fifty  dollars,  or  be  imprisoned  in  the 
county  jail  not  to  exceed  thirty  days,  or  both  fined  and  im- 
prisoned in  the  discretion  of  the  court. 

Section  5.  (Acts  1918.)  Defense — What.— It  shall  dis- 
charge any  person  from  liability  under  this  act,  if  it  be  satis- 
factorily shown  to  the  court  that  at  the  time  of  the  proceeding 
such  school  or  schools  in  this  Commonwealth  as  provide  in- 
struction and  education  for  the  deaf  is  then  taxed  to  its  capa- 
city, and  that  there  is  no  room  or  means  of  taking  care  of  or 
instructing  such  child. 

Section  6.  (Acts  1918.)  County  Courts'  Jurisdiction. — 
The  county  courts  of  this  Commonwealth  shall  have  exclusive 
jurisdiction  of  all  cases  wherein  this  act  is  violated,  and  the 
case  shall  be  prosecuted  in  the  same  manner  as  other  cases  of 
misdemeanor  are  prosecuted  therein,  and  the  county  attorney 
of  the  county  wherein  the  prosecution  is  had,  shall  attend 
and  prosecute  all  violations  of  this  act. 

Section  7.  (Acts  1918.)  Age  Proof— How.— A  passport, 
a  duly  attested  transcript  of  the  certificate  of  birth  or  baptism, 
or  a  certified  copy,  under  oath,  of  a  record  in  the  family  Bible 


COMPULSORY  EDUCATION  113 

or  other  religious  record,  showing  the  date 'and  place  of  birth 
of  such  child,  shall  be  received  as  evidence  of  age.  In  case 
that  any  of  the  foregoing  records  cannot  be  produced,  then 
other  evidence  of  the  age  of  the  child  may  be  considered  by 
the  court. 

Section  8.  (Acts  1918.)  Public  Institutions  Receive — 
Health— Mentally  Deficient— Care— Return  Transportation  Re- 
quired.— It  shall  be  the  duty  of  the  trustees,  managers,  or 
persons  in  charge  of  any  public  institution  in  this  Common- 
wealth, whereat  the  deaf  are  received  for  instruction  and 
education,  to  receive  into  such  institution  any  deaf  child  sent 
to  such  institution,  while  in  session,  unless  it  can  be  shown  at 
the  time  that  such  institution  is  taxed  to  its  capacity,  and 
there  is  no  room  for,  or  means  of  taking  care  of  such  child,  or 
that  the  physical  condition  of  the  child  is  such  as  to  prevent 
study  or  to  constitute  a  menace  to  the  health  of  the  other 
pupils  of  the  institution ;  or  that  the  child  is  mentally  deficient 
and  incapable  of  successfully  pursuing  the  prescribed  course 
of  study  of  such  institution ;  or  that  the  habits  and  practices 
of  the  child  are  such  as  to  constitute  a  detriment  to  the  wel- 
fare of  the  other  pupils  of  the  institution,  and  when  such  child 
is  received  he  or  she  shall  be  cared  for  under  the  provisions 
of  the  statute  at  the  time  prevailing,  regulating  such  institu- 
tions, and  the  by-laws  prescribed  by  the  trustees  or  m&nagers 
for  the  government  of  such  institutions,  and  every  case  where 
such  child  is  brought  to  any  public  institution  to  be  entered  as 
a  pupil,  the  price  of  return  transportation  to  the  home  of  the 
child  must  be  deposited  with  the  executive  officer  of  the  said 
institution  or  guaranteed  to  him  by  some  responsible  party  be- 
fore the  institution  is  obligated  to  receive  the  child  for  the  in- 
stitution. 


Chapter  XL 

GRADED  COMMON   SCHOOLS 


Sec.  92.  Board  of  Trustees— num- 
ber—election  and  term  of 
office. 

Sec.  92a.  Vacancies  in  board— how 
filled— members,  how  re- 
moved. 

Sec.  93.  Board  made  a  body  cor- 
porate—powers defined— 
officers  allowed  and 
duties  enumerated. 

Sec.  94.  Number  of  pupils  re- 
quired to  establish  or 
maintain. 

Power  of  State  Board  of 
Education   to   abolish. 
Patrons     to     abolish, 
when— duty    of   board     to 
call  an  election. 


Sec.  95.  Graded  schools  heretofore 
organized  under  special 
act,  except  in  cities  of 
the  first  four  classes  are 
abolished. 

Sec.  96.  Board  shall  have  power 
to  appoint  and  remove 
teachers— fix  compensa- 
tion—regulate course  of 
study. 

Sec.  96a.  May  make  contract  with 
county  board  to  estab- 
lish consolidated  school 
— transportation  tax. 

Sec.  96a-l.  Power  to  levy  and  col- 
lect taxes— tax  rate  fixed 
— how  collected. 

Sec.  96a-2.  Bond  issue  to  provide 
buildings  and  grounds — 
provide  for— election,  etc. 

Sec.  96a-3.  General  provisions  re- 
lating to  graded  schools. 

Section  92.  (<§,  4464  Ky.  St.)  Each  District  Under  Con- 
trol of  Trustees. — Each  graded  and  common  school  district 
organized  and  incorporated  at  the  timie  this  act  goes  into  ef- 
fect shall  be  under  the  management  and  control  of  a  board  of 
trustees. 

Section  92.  (§  4465  Ky.  St.)  Board  of  Trustees— Num- 
ber of  Members — Qualifications — Elections — Vacancies — Num- 
ber of  Trustees— *0ath. — The  board  of  trustees  of  each  graded 
common  school  district  shall  consist  of  five  members, 
who  shall  be  elected  at  large  from  the  qualified  voters  of  the 
graded  common  school  district,  as  hereinafter  provided  for 
terms  of  three  (3)  years,  beginning  with  the  second  Saturday 
in  May  following  their  election,  and  shall  hold  office  until  their 
successors  are  elected  and  qualified.  Members  of  boards  of 
trustees  shall  qualify  by  taking  the  oath  prescribed  for  public 
offices  under  section  228  of  the  Constitution  of  the  State. 
Failure  to  qualify  within  seven  (7)  days  after  election  shall 
constitute  a  vacancy. 

Section  92a.  (§  4465a  Ky.  St.)  Fitness— Time  of  Elec- 
tion— Vacancies. — Graded  common  school  trustees  shall  be 
chosen  solely  because  of  their  fitness  and  shall  be  eligible  for 
re-election  unless  otherwise  disqualified  by  the  provisions  of 


GRADED  COMMON  SCHOOLS  115 

this  section.  No  person  shall  be  elected  to  serve  on  this  board 
who  is  in  any  way  subject  to  its  authority,  and  no  member 
shall  enter  into  business  transactions  for  personal  gain  with 
this  board.  Members  of  boards  of  trustees  of  graded  common 
school  districts  shall  be  elected  on  the  first  Saturday  of  May 
in  each  year,  the  number  to  be  elected  each  year  for  the  full 
term  of  three  (3)  years  to  be  determined  by  the  number  of 
regular  vacancies  to  be  filled.  If  at  any  time  there  should 
be  a  vacancy  in  said  board,  the  same  shall  be  filled  by  election 
by  the  remaining  members,  and  the  person  elected  to  fill  such 
vacancy  shall  hold  office  until  the  next  regular  election  of 
trustees  when  his  successor  shall  be  elected  to  fill  out  the  un- 
expired  term. 

(§  4465b  Ky.  St.)  Manner  of  Election.— All  graded  com- 
mon school  district  elections  shall  be  provided  for  by  the  trus- 
tees of  the  district  in  office  at  the  timie  of  the  particular  elec- 
tion. The  board  of  trustees  shall  appoint  the  officers  to  hold 
all  elections.  These  officers  shall  take  an  oath  to  be  under 
the  same  responsibilities  and  subject  to  the  same  penalties  as 
the  officers  holding  state  or  county  elections,  but  they  shall 
make  returns  of  poll  books  and  certify  the  results  of  the  elec- 
tions to  the  board  of  trustees  who  shall  examine  and  compare 
the  same  and  issue  certificates  to  the  persons  found  to  be 
elected. 

(§  4465c  Ky.  St.)  Removal — Compensation. — On  presen- 
tation of  evidence  by  the  Superintendent  of  Public  Instruction 
that  any  member  of  the  board  of  trustees  is  not  capable  of  dis- 
charging, or  is  not  discharging  his  duty,  or  is  guilty  of ~  im- 
moral or  disreputable  conduct,  the  remaining  members  of  the 
board  of  trustees  shall  hear  evidence  in  the  case,  making 
known  to  the  defendant  in  writing  the  charges  against  him, 
and  give  him]  an  opportunity  to  be  heard  in  person  or  by  coun- 
sel and  to  present  witnesses  in  his  own  defense  upon  not  less 
than  ten  (10)  days'  notice.  If,  after  careful  investigation,  the 
board  of  trustees  shall  find  sufficient  cause  for  removal,  it 
shall  declare  the  office  of  the  respective  member  vacant  at 
once  and  the  vacancy  shall  be  filled  as  heretofore  provided  in 
this  section. 


116  KENTUCKY  SCHOOL  LAWS  1922 

Members  of  boards  of  trustees  shall  receive  no  compensa- 
tion for  their  services. 

Section  93.  (§  4466  Ky.  St.)  Name— Powers  in  Regard 
to  Property  and  Contracts. — The  board  of  trustees  of  a  graded 
common  school  district  shall  be  named  and  styled:  "The 

Board  of  Trustees  of  the  Graded  Commjon  School 

District,"  and  in  that  name  may  sue  and  be  sued,  contract  and 
be  contracted  with,  and  m<ay  acquire  and  hold  by  purchase, 
gift,  devise  or  otherwise,  and  dispose  of  and  convey,  any  real 
or  personal  estate,  goods  and  chattels^  necessary  and  conven- 
ient for  the  use  and  purpose  of  such  graded  common  school 
district;  and  the  title  of  all  such  property  shall  vest  in  said 
board  of  trustees  and  their  successors  in  office,  to  be  held 
sacred  for  the  use  and  benefit  of  said  graded  common  school 
district.  The  board  of  trustees  of  any  graded  common  school 
district  is  authorized  and  empowered  to  condemn  any  land 
deemed  necessary  by  said  board  for  a  site  for  a  graded  com- 
mon school,  not  exceeding  ten  (10)  acres,  in  the  manner  now 
provided  by  law  for  condemning  land  for  railroad  purposes. 

(§  4467  Ky.  St.)  Office  of  the  Board— Meetings— Secre- 
tary.— The  office  of  the  board  of  trustees  of  each  graded  com- 
mon school  district  shall  be  in  the  principal  school  building  of 
the  district  unless  otherwise  adequately  provided  for.  The 
board  of  trustees  shall  hold  its  annual  meeting  each  year  in  its 
office  on  the  second  Saturday  in  May.  At  this  meeting  the 
board  shall  each  year  elect  one  of  its  members  to  act  as  pres- 
ident, one  to  act  as  vice  president,  and  one  to  act  as  secretary, 
and  shall  fix  the  time  and  place  of  its  regular  meetings  which 
shall  be  duly  advertised.  Such  special  meetings  may  be  called 
at  such  times  as  the  duties  and  business  of  the  board  may  re- 
quire. The  rules  generally  adopted  by  deliberative  bodies  for 
their  government  shall  be  observed  by  boards  of  trustees,  but 
no  motion  or  resolution  shall  be  declared  to  be  adopted  with- 
out the  concurrence  of  a  majority  of  the  whole  board. 

Power  of  trustees  of  graded  school  to  enlarge  its  boundary  or  to  an- 
nex territory  under  the  jurisdiction  of  the  county  board  of  education  of 
another  county,  reviewed  and  discussed.  Board  of  Trustees  Demossville 
v'  Board  of  Education  of  Kenton  County.  (Jan.  24,  1922.) 


GRADED  COMMON  SCHOOLS  117 

The  secretary  of  the  board  shall  conduct  all  correspond- 
ence of  the  board,  issue  calls  for  all  meetings  on  the  order  of 
the  president,  prepare  a  docket  or  calendar  of  the  same,  keep 
the  minutes  of  the  proceedings,  preserve  in  the  office  of  the 
board  all  its  records,  make  all  reports  required  of  the  board, 
receive  all  reports  required  by  it,  seeing  that  they  are  in 
proper  form,  complete,  and  accurate ;  and  shall  perform,  such 
other  secretarial  duties  as  may  be  imposed  by  the  board  or  as 
may  hereinafter  be  imposed  by  the  provisions  of  this  act. 

(§  4468  Ky.  St.)  Treasurer's  Duties— Audit.— Each  board 
of  trustees  shall  appoint  a  treasurer,  but  said  treasurer  shall 
not  be  a  member  of  the  board.  Before  entering  upon  his 
duties,  the  treasurer  shall  file  with  the  board  a  bond  to  be  paid 
for  by  the  board  in  amount  to  be  determined  by  it  as  surety 
for  the  faithful  performance  of  his  duties.  Said  bond  shall 
be  guaranteed  by  a  personal  security  or  a  surety  company 
authorized  to  do  business  in  the  State,  and  made  payable  to 
the  respective  board  of  trustees.  The  bond  shall  provide  that 
as  treasurer  of  the  respective  board  he  will  faithfully  perform 
the  duties  of  his  office ;  receive  all  moneys  to  which  the  respec- 
tive board  is  entitled  by  the  constitution  of  the  State,  or  by 
statute,  or  which  may  in  any  way  come  into  its  possession; 
hold  all  such  moneys  as  a  separate  fund  in  his  hands ;  and  pay 
over  all  such  moneys  to  such  persons  and  in  such  manner  as 
said  board  may  under  the  provisions  of  this  act  direct;  and 
that  he  will  keep  full  and  complete  accounts  in  such  manner 
and  make  such  reports  thereon  as  the  State  Board  of  Educa- 
tion and  the  respective  board  of  trustees  shall  require ;  that  he 
will  preserve  all  records  relating  to  the  transactions  and  duties 
of  his  office,  and  turn  all  public  school  funds  in  hand  and  all 
accounts  and  records,  after  due  and  proper  audit  by  a  com- 
petent outside  agent,  if  required  by  said  board,  to  his  succes- 
sor. The  expense  of  such  audit  shall  be  paid  by  the  board  of 
trustees. 

The  treasurer  of  the  board  of  trustees  shall  pay  out  school 
funds  only  on  appropriate  written  orders  signed  by  the  pres- 
ident and  secretary  of  the  respective  board  of  trustees. 


118  KENTUCKY  SCHOOL  LAWS  1922 

Section  94.  (§  4469  Ky.  St.)  Size  of  District— 'Failure 
of  Trustees — Reinstatement  of  District. — No  new  graded  com- 
mon school  district  shall  hereafter  be  created  or  organized, 
unless  100  children  reside  therein.  Provided  further,  that  no 
graded  common  school  district  shall  hereafter  operate  inde- 
pendent of  the  county  school  system  that  has  a  school  census 
of  less  than  seventy-five  (75)  census  pupil  children;  or  that 
does  not  mjaintain  an  elementary  school  with  a  minimum  term 
of  eight  (8)  months,  and  a  high  school  with  a  minimum  term 
of  eight  (8)  'months  which  n^eets  State  standards  as  to  the 
number  and  qualification  of  teachers ;  but  any  graded  common 
school  district  may  elect  to  pay  the  tuition  of  all  pupils  resid- 
ing in  the  graded  school  district  who  are  eligible  and  who 
enter  any  other  public  high  school  which  maintains  a  course  > 
of  study  required  by  law  and  which  has  been  approved  by  the 
State  Board  of  Education. 

When  the  board  of  trustees  of  a  graded  common  school 
district  fails  to  conduct  and  manage  the  schools  under  its 
jurisdiction  and  authority  according  to  the  provisions  as 
stated  in  the  preceding  paragraph,  the  State  Board  of  Educa- 
tion, after  due  notice  to  the  board  of  trustees  of  such  failure 
and  the  lapse  of  ample  time  for  the  board  of  trustees  to  make 
the  needed  and  necessary  improvements  in  said  schools,  shall 
declare  the  given  graded  common  school  districts  with  exist- 
ing metes  and  bounds,  abolished,  and  shall  create  therefrom  a 
sub-district  of  "the  given  county  system  to  be  under  the  juris- 
diction of  the  County  Board  of  Education  of  the  county  in 
which  the  given  graded  common  school  district  is  located. 
Kecord  of  such  action  shall  be  copied  in  triplicate ;  one  copy 
shall  becomje  a  part  of  the  permanent  records  of  the  State 
Board  of  Education;  one  copy  shall  be  sent  to  the  board  of 
trustees  of  the  graded  common  school  district  abolished,  and 
filed  by  said  trustees  among  its  permanent  records;  and  one 
copy  shall  be  sent  to  the  County  Board  of  Education  of  the 
county  in  which  the  graded  common  school  district  abolished 
is  located,  and  shall  be  filed  among  its  permanent  records. 

When  a  graded  common  school  district  is  thus  abolished 
and  a  sub-district  of  the  county  system  is  created  there- 


GRADED  COMMON  SCHOOLS  119 

from,  all  property  belonging  to,  possessed  and  held 
in  the  corporate  name  of  the  given  board  of  trustees  of 
the  'graded  commjon  school  district  abolished,  shall  pass  to  and 
be  possessed  and  held  in  the  corporate  name  of  the  County 
Board  of  Education  of  the  county  in  which  the  graded  com- 
mon school  district  abolished  is  located.  The  County  Board 
of  Education  shall,  after  due  and  proper  audit,  possess  all 
funds  on  hand  or  to  be  collected,  and  shall  assume  all  respon- 
sibilities, financial  or  otherwise,  lawfully  entered  into  by  con- 
tract, or  otherwise,  by  the  board  of  trustees  of  the  graded 
common  school  district  abolished. 

And  provided  further,  on  petition  to  the  graded  school 
board  of  forty  per  cent  of  the  legal  voters  in  any  graded  cojn- 
mon  school  district,  asking  that  their  graded  school  district 
be  made  a  part  of  the  county  school  system,  it  shall  be  the 
duty  of  the  graded  school  board  to  call  a  meeting  of  the  board 
within  one  week  from  the  time  the  petition  has  been  received, 
and  to  make  an  order  which  shall  be  recorded  in  the  minutes 
of  the  board,  for  holding  an  election  for  the  purpose  of  de- 
termining whether  it  is  the  will  of  the  legal  voters  in  the 
graded  common  school  district  that  their  common  graded  dis- 
trict be  made  a  paTt  of  the  county  school  system,  and  shall 
designate  two  citizens  residing  within  the  gradel  school  dis- 
trict to  act  as  election  officers  in  said  election.  The  election 
shall  be  held  in  exactly  the  same  manner  as  elections  of  graded 
school  board  members  are  held,  and  at  the  school  building; 
provided  that  such  election  may  not  be  held  earlier  than  twenty 
days  from  the  date  of  such  order.  It  shall  be  the  duty  of  the 
graded  school  board  to  advertise  at  least  ten  days  before  said 
election  the  date  and  the  place  and  the  purpose  of  holding 
such  an  election  by  posting  notices  to  this  effect  in  conspicuous 
places  in  various  portions  of  the  graded  school  district.  The 
majority  of  the  votes  cast  shall  determine  whether  or  not  the 
graded  common  school  district  shall  be  made  a  part  of  the 
county  school  system. 

Section  95.  (§  4470  Ky.  St.)  First  Elections— Provis- 
ions for  Changing". — All  graded  common  school  districts  other 
than  those  in  the  cities  of  the  first,  second,  third  and  fourth 


120  KENTUCKY  SCHOOL  LAWS  1922 

class,  operating  under  special  laws  or  special  charters,  shall 
when  this  Act  goes  into  effect  cease  to  operate  under  their  re- 
spective special  laws  or  special  charters  and  shall  thereafter 
operate  under  the  provisions  of  this  Act.  Provided  the  boards 
of  trustees  or  other  managing  authorities  in  such  graded  com- 
mon school  districts  in  office  when  this  Act  goes  into  effect, 
in  other  than  those  in  first,  second,  third  and  fourth  class 
cities,  shall  continue  to  serve  until  the  next  regular  election  of 
boards  of  trustees  as  provided  in  section  4464  of  this  Act.  Pro- 
vided further,  that  at  the  first  election  under  the  provisions 
of  section  44.64  of  this  Act,  one  trustee  shall  be  elected  for  one 
year,  two  for  two  years,  and  two  for  three  years,  thereafter 
regular  election  shall  be  for  the  full  term  of  three  years. 

All  graded  common  school  districts  in  cities  of  the  first, 
second,  third  and  fourth  class,  operating  under  special  char- 
ters or  special  laws,  shall  when  this  Act  goes  into  effect  cease 
to  operate  under  their  respective  laws  or  special  charters,  and 
shall  thereafter  operate  under  the  general  laws  governing  the 
management  and  conduct  of  the  common  schools  in  cities  of 
their  respective  classes.  Provided  that  the  board  of  trustees 
or  other  managing  authorities  in  such  graded  common  school 
districts  shall  serve  until  the  next  regular  election  of  members 
of  boards  of  education  in  first,  second,  third  and  fourth  class 
cities.  Provided  further,  that  the  first  election  in  such  graded 
common  school  districts  under  the  general  school  laws  govern- 
ing the  management  and  conduct  of  common  schools  in  first, 
second,  third  and  fourth  class  cities  shall  conform  to  the  pro- 
visions of  the  respective  general  city  school  laws  for  the  first 
election  of  members  of  boards  of  education. 

(§  4471  Ky.  St.)  Rules  to  Prescribe.— Board  of  trustees 
shall,  subject  to  the  provisions  of  this  Act  and  the  rules  and 
regulations  of  the  State  Board  of  Education,  prescribe  rules 
and  regualtions  for  the  control,  government  and  management 
of  the  common  schools  under  their  jurisdiction. 

Section  96.  (§  4472  Ky.  St.)  Appointment  and  Removal 
of  Teachers. — Boards  of  trustees  shall  appoint  for  the  schools 
under  their  respective  jurisdiction  a  principal  and  all  teachers, 
fix  their  compensation,  and  dismjiss  them  for  immorality,  mis- 


GRADED  COMMON  SCHOOLS  121 

conduct,  incompetency,  insubordination,  or  wilful  neglect  of 
duty.  Provided,  that  in  each  case  the  charge  be  made  in  writ- 
ing and  that  the  principal  or  teacher  be  given  opportunity  on 
not  less  than  ten  (10)  days'  notice  to  be  heard  in  person  or  by 
counsel  and  to  present  witnesses  in  defense.  Provided  fur- 
ther, that  no  principal  or  teacher  shall  be  employed  who  does 
not  hold  the  kind  and  grade  of  certificate  required  by  law  and 
issued  by  the  State  Board  of  Education. 

(§  4473  Ky.  St.)  Courses  of  Study.— Boards  of  trustees 
shall,  subject  to  the  provisions  of  this  Act  and  the  rules  and 
regulations  of  the  State  Board  of  Education,  prescribe  the 
studies  to  be  taught  and  the  course  of  study  to  be  used  in  the 
schools  under  their  jurisdiction. 

(§  4474  Ky.  St.)  Who  May  Attend.— All  white  children 
of  common  school  age  residing  in  any  graded  common  school 
district  shall  have  the  right  to  attend  the  graded  common 
school  thereof. 

The  trustees  may  admit  into  said  graded  common  school 
children  who  do  not  reside  within  the  said  district,  or  persons 
over  the  common  school  age,  on  such  terms  and  conditions,  and 
upon  the  payment  of  such  tuition  and  other  fees  as  they  may 

• 

deem  proper. 

Section  96a.  (§  4475  Ky.  St.)  Consolidated  Schools- 
Transportation  of  Pupils. — Whenever  it  becomes  desirable  on 
account  of  geographical  or  other  conditions  to  establish  a  con- 
solidated school,  composed  of  a  graded  common  school  and 
other  adjoining  common  school  subdistrict  or  subdistricts,  the 
board  of  trustees  of  such  graded  common  school  shall  have 
the  authority  to  enter  into  contract  with  the  County  Board  of 
Education  of  the  county  in  which  said  graded  common  school 
district  is  located,  to  establish,  operate  and  maintain  such  con- 
solidated school.  The  contract  when  made  shall  be  in  writing, 
and  shall  stipulate  in  full  and  complete  terms,  the  number  of 
years  such  contract  shall  exist,  the  employment  of  teachers, 
the  arrangements  of  the  course  of  study,  and  all  other  arrange- 
ments necessary  to  the  successful  conduct  of  such  consolidated 
school. 


122  KENTUCKY  SCHOOL  LAWS  1922 

The  expense  of  the  transportation  of  pupils  to  and  from 
such  consolidatel  school  may  be  provided  for  jointly  by  the 
graded  common  school  and  the  sub-district  annexed  or  by  the 
sub -districts  alone.  The  tax  for  the  ttransportation  of  pupils 
by  the  sub-districts  concerned  shall  be  voted,  levied  and  col- 
lected in  the  same  way  and  at  the  same  time  that  other  con- 
solidated schools  vote,  levy  and  collect  a  tax  for  the  same  pur- 
pose. 

Section  96a-l.  (§  4476  Ky.  St.)  Power  to  Levy  Taxes 
— Collector  and  Treasurer. — Boards  of  trustees  of  graded  com- 
m/on  school  districts  are  hereby  authorized  and  empowered  to 
levy  each  year  not  later  than  the  last  Saturday  in  June,  a  tax 
for  establishing,  maintaining  and  operating  the  common 
schools  of  their  respective  districts,  at  a  rate  not  less  than 
twenty-five  cents  (25c)  and  not  to  exceed  one  dollar  and 
twenty-five  cents  ($1.25)  upon  each  one  hundred  dollars 
($100.00)  of  taxable  property  within  the  district  and  owned 
by  white  persons ;  and  also,  a  poll  tax  on  each  white  male  in- 
habitant within  the  district  over  twenty-one  (21)  years  of 
age,  not  exceeding  two  dollars  ($2.00)  ;  and  shall,  also  levy  a 
sufficient  amount  to  provide  for  the  payment  of  interest  and 
sinking  fund,  purposes  for  the  next  fiscal  year,  and  the  tax  ac- 
cruing from  so  much  of  said  levy  as  is  made  for  the  payment 
of  interest  and  sinking  fund  purposes  shall  be  by  said  board 
of  trustees  at  once  irrevocably  set  aside  and  used  for  these 
purposes  and  not  otherwise ;  and  said  interest  and  the  sinking 
fund  provisions  as  abo^  provided  shall  include  the  interest 
and  the  sinking  fund  for  the  entire  outstanding  bonded  indebt- 
edness of  said  board. 

The  tax  so  imposed  shall  be  collected  on  the  assesse< 
value  of  the  property  in  the  district  as  ascertained  by  the 
sessment  for  State  and  county  purposes  next  preceding  the 
collection  of  the  tax.  Said  board  of  trustees  shall  elect  a  col- 
lector of  taxes,  who  shall  give  good  and  sufficient  bond  to 
said  board  and  who  shall  be  allowed  a  fee  not  in  excess  of  4 
per  cent  on  all  funds  collected.  Provided,  however,  that  if 
the  said  board  of  education  selects  the  sheriff  as  the  collector, 
at  sam^  fees  as  above  provided.  Before  entering  upon  his 


GRADED  COMMON  SCHOOLS  123 

duties  as  collector,  the  treasurer  which  shall  be  elected  by  the 
board  shall  give  to  each  board  of  trustees  a  bond,  in  amount 
agreeable  to  the  respective  board  of  trustees  and  guaranteed 
by  some  surety  company  authorized  to  do  business  in  the  State, 
or  good  personal  security,  for  the  faithful  performance  of  his 
luties.  Said  bond  shall  be  paid  for  by  tthe  respective  board 
of  trustees.  The  treasurer  as  collecting  officer  shall  settle  his 
accounts  with  the  board  of  trustees  on  or  before  the  first  Mon- 
day of  January  each  year,  and  boards  of  trustees  may  require 
him  to  settle  his  accounts  monthly. 

Section  96a-2.  (<§  4477  Ky.  St.)  How  to  Augment  Funds 
— Election  for  Bonds — Disposing"  of  Bonds. — If  the  tax  levied 
under  the  provisions  of  section  4476  of  this  act  is  not  sufficient 
to  provide  suitable  grounds,  buildings  and  equipment,  boards 
of  trustees  are  hereby  authorized  and  empowered  to  order  an 
election  and  submit  to  the  voters  of  their  respective  graded 
common  school  districts  the  question  whether  or  not  the  trus- 
tees thereof  shall  issue  bonds  of  their  respective  graded  com- 
mon school  districts,  in  any  amount  not  exceeding  the  limit 
provided  by  sections  157  and  158  of  the  present  constitution 
of  this  state,  for  the  purpose  of  providing  suitable  grounds, 
school  buildings,  furniture  and  apparatus  for  their  respective 
graded  common  school  districts;  Provided,  that  due  notice*  of 
said  election  shall  be  given  by  the  trustees  of  their  respective 
districts,  by  written  or  printed  posters  not  less  than  one  foot 
square,  signed  by  the  trustees  of  their  respective  districts, 
stating  the  time,  place,  and  hours  of  the  said  election,  posted 
at  not  less  than  six  public  and  conspicuous  places  in  the  dis- 
trict for  ten  days  previous  to  the  day  of  election,  and  by  one 
insertion  thereof  in  the  newspaper,  if  any,  published  in  said 
district. 

The  board  shall  appoint  two  judges,  a  clerk  and  a  sheriff 
to  hold  such  election,  who  shall  be  first  duly  sworn  before  act- 
ing and  shall  be  housekeepers  and  taxpayers,  resident  in  the 
district  for  which  they  are  appointed,  and  one  of  the  judges 
shall  ask  of  each  voter:  "Are  you  in  favor  of  the  issue  of 
bonds  by  the  trustees  of  the  graded  common  schools  of  this 
district,  for  the  purpose  of  providing  suitable  grounds,  school 


124  KENTUCKY  SCHOOL  LAWS  1922 

buildings,  furniture  and  apparatus  for  this  district?"  and  the 
clerk  shall  record  the  answer  "Yes"  or  "No"  as  given  by  the 
voter.  If  two-thirds  of  the  voters  voting  at  said  election  vote 
in  favor  of  the  issue  of  the  bonds,  then  the  trustees  of  such 
graded  common  school  may  issue  the  bonds  of  said  district  for 
an  amount  not  exceeding  the  constitutional  limit  and  in  con- 
formity with  the  constitution  of  the  State. 

For  the  payment  of  the  interest  on  such  bonds  and  for 
creating  a  sinking  fund  for  the  payment  of  the  principal 
thereof,  the  board  of  trustees  of  their  respective  districts  are 
authorized  and  empowered  to  levy  annually  the  needed  tax  as 
provided  for  in  section  4476  of  this  act.  Said  bonds  may  be  of 
any  denomination,  in  even  hundreds,  not  exceeding  one  thou- 
sand dollars  each,  running  not  exceeding  thirty  years  and 
bearing  interest  not  exceeding  six  per  cent  per  annum,  pay- 
able annually  or  semi-annually  as  expressed  in  said  bonds  pay- 
able to  bearer  with  interest  coupons  attached.  Said  bonds 
shall  be  signed  by  the  president  of  the  board  of  trustees  and 
attested  by  the  secretary  thereof,  shall  pass  by  delivery,  and 
shall  be  redeemable  at  the  option  of  said  board.  Said  bonds 
shall  be  sold  by  the  trustees  or  their  authorized  agent,  for  the 
highest  price  obtainable,  but  for  not  less  than  their  face  par 
value  and  accrued  interest,  and  the  proceeds  turned  over  to 
the  treasurer  and  applied  to  the  uses  and  purposes  for  which 
they  were  issued. 

Section  96a-3.  (§  4478  Ky.  St.)  State  and  County 
Funds. — The  Superintendent  of  Public  Instruction  shall  pay 
to  the  treasurer  of  each  graded  common  school  district  the 
pro  rata  portion  of  the  State  and  county  school  funds  due 
the  district  according  to  the  number  of  pupil  children  therein. 

(§  4479  Ky.  St.)  Attendance  Officer.— Each  board  of 
trustees  may  employ  not  less  than  one  attendance  officer  who 
shall  hold  an  attendance  officer's  certificate  issued  by  the 
State  Board  of  Education.  Provided  that  boards  of  trustees 
may  enter  into  contract  with  County  Boards  of  Education 
for  the  employment  of  an  attendance  officer  or  officers  who 
shall  serve  both  the  county  and  the  graded  common  school 
district,  the  expense  of  such  attendance  officer  or  officers 


GRADED  COMMON  SCHOOLS  125 

being  pro  rated  according  to  the  number  of  pupil  children 
in  the  graded  common  school  district. 

(§  4480  Ky.  St.)  School  Attendance. — School  attendance 
of  children  of  school  age  in  graded  common  school  districts 
shall  be  subject  to  the  same  requirements  and  provisions  as  of 
children  of  school  age  in  county  school  districts  as  provided 
by  law. 

(§  4481  Ky.  St.)  Budget.— Each  board  of  trustees  shall 
each  year  not  later  than  the  last  Saturday  in  May  prepare  an 
annual  school  budget  on  forms  and  blanks  prepared  by  the 
State  Board  of  Education  and  shall  submit  same  to  the  State 
Board  of  Education  for  approval. 

(§  4482  Ky.  St.)  Audit.— Each  board  of  trustees  shall  as 
soon  after  June  30,  each  year,  as  possible  have  made  a  com- 
plete audit  of  its  accounts  and  business  transactions  of  the 
preceding  school  year  either  by  the  Auditor  of  Public  Accounts 
or  by  a  competent  outside  auditor  and  shall  publish  the  re- 
sults of  this  audit. 

(§  4483  Ky.  St.)  Reports.— Boards  of  trustees  shall  make 
such  reports  as  may  be  required  by  the  State  Board  of  Educa- 
tion and  on  such  forms  and  blanks  as  may  be  prescribed  by 
the  State  Board  of  Education. 

(§   4484  Ky.   St.)     Provisions   for   White   and   Colored 
Graded  Comtaion  Schools. — No   new   graded   common   school 
district  shall  hereafter  be  created  or  organized  nor  shall  the 
boundaries  of  any  colored  graded  common  school  district  here- 
after be  changed  except  as  heretofore  provided  in  this  act. 
Such  colored  graded  common  school  districts  as  are  organized 
and  established  at  the  time  this  act  goes  into  effect  shall  here- 
after operate  under  the  conditions  and  provisions  of  this  act. 
'rovided  that  no  white  person  shall  vote  at  any  election  held 
a  colored  graded  school  district  under  the  provisions  of 
iis  act ;  nor  shall  the  property  of  any  white  person  be  taxed 
maintain  any  graded  common  school  for  colored  children; 
tor  shall  the  property  of  any  colored  person  be  taxed  for  the 
mefit  of  any  graded  common  school  for  white  children;  nor 
lall  any  white  child  attend  any  graded  common  school  for 


126  KENTUCKY  SCHOOL  LAWS  1922 

colored  children  organized  under  the  provisions  of  this  act; 
nor  shall  any  colored  child  attend  any  graded  common  school 
for  white  children. 

All  laws  and  parts  of  laws  in  conflict  with  this  act  are 
hereby  repealed. 

Sections  4485  to  4500,  repealed  by  Act  March  18,  1922. 


Chapter  XII. 


MUNICIPAL    SCHOOLS—PUBLIC   SCHOOLS    IN    CITIES   OF  THE 

FIRST  CLASS 


Sec.  102a-l.  Tax    levy— supplement- 
ed    by     State     fund   and 
escheat    property. 
Duty  of  officer  to  collect 
taxes. 

Sec. 103.    Books    to    be   audited    an- 
nually— power    to     estab- 
lish    kindergarten— sepa- 
rate   schools     for     white 
•  and  colored  required. 

Sec.  104.  Tuition  may  be  charged, 
when— census  to  be  taken 
— report,  etc. 

Sec.  105.  Power  to  issue  "School 
Improvement  Bonds"— 
election,  how  called  and 
held,  etc. 

Sec.  106.  Teachers  annunity  fund 
established— d  u  t  y  of 
board  concerning-. 
General  provisions  relat-- 
ing-  to  powers  and  duties 
of  board. 

Sec.  107.  Power  of  board  to  make 
rules  and  by-laws,  etc. 


Sec.  97.  City  shall  compose  one 
district  —  powers  and 

duties  of  board.  (bee 
also  Sec.  104.) 

Sec.  93.  Election  —  term  —  qualifi- 
cations and  compensa- 
tion of. 

Sec.  99.  Organization  of  board- 
off  icers— vacancies—  adop- 
tion of  by-laws. 

Sec.  100.  Superintendent,  princi- 
pals and  teachers  and 
other  employees— selec- 
tion of. 

Sec.  101.    Business     director     may 
be    employed — duties    and^ 
compensation. 

Sec.  102.  Purchase  of  supplies — 
sealed  bids  required- 
notice  to  be  given. 

Sec.  102a.  Secretary  and  treasurer 
— election — t  e  r  m  and 
bond. 

Depositaries  to  be  select- 
ed— power  to  apportion 
revenue  and  borrow 
money. 

Section  97.  (<§  2978a-l  Ky.  St.)  Board  of  Education 
Election. — Every  city  in  this  State  of.  the  first  class  shall  be 
and  constitute  a  single  school  district,  and  the  supervision  and 
government  of  common  schools,  kindergarten,  high  schools, 
manual  training  schools  and  normal  schools  and  all  such  school 
property  therein  shall  be  vested  in  a  board  of  five  members  to 

be  known  as  the  "  Board  of  Education  of 

Kentucky,"  (in  which  title  the  name  of  such  city  shall  be 
inserted).  Such  board  of  education  shall  be  a  body  corporate 
and  shall,  by  and  in  said  name,  sue  and  be  sued,  purchase, 
receive,  hold  and  sell  property,  do  all  things  necessary  to  ac- 
complish the  purpose  for  which  such  school  district  is  organ- 
ized, and  succeed  to  all  the  property  rights  and  privileges 
granted  to  and  belonging  to  any  previous  school  board  of 
such  city:  Provided,  that  all  pending  suits  in  which  any  such 
previous  school  board  is  a  party,  may  be  prosecuted  to  an  end 
in  the  name  of  such  party. 

(§  2978a-2  Ky.  St.)  Powers  and  Duties.— Every  such 
board  of  education  shall  have  exclusive  control  of  the  common 
schools,  including  kindergartens,  high  schools,  manual  train- 


128  KENTUCKY  SCHOOL  LAWS  1922 

ing  schools  and  normal  schools  as  hereinafter  provided,  and  of 
common  school  property  in  such  city ;  shall  exercise  generally 
all  powers  in  the  administration  of  the  commkm  school  system 
therein,  appoint  such  officers,  agents  and  employes  as  it  may 
deem  necessary  and  proper  and  fix  their  compensation;  and 
shall  have  power  to  fix  -the  time  of  its  meetings,  to  make, 
amend  and  repeal  rules  and  by-laws  for  its  meetings  and  pro- 
ceedings, for  the  government,  regulation  and  management  of 
the  common  schools  and  school  property  in  such  city,  for  the 
transaction  of  its  business,  and  for  the  examination,  qualifica- 
tion and  employment  of  teachers,  which  rules  and  by-laws 
shall  be  binding  on  such  board  of  education  and  all  parties 
dealing  with  it  until  formally  repealed  by  an  affirmative  vote 
of  four  members  of  said  board*  To  provide  for  special  and 
standing  committees,  and  to  certify  to  the  General  Council 
the  amount  of  money  necessary  for  the  maintenance  and  im- 
provement of  the  schools  as  hereinafter  provided,  and  to  pur- 
chase and  hold  all  property,  real  and  personal,  necessary  for 
the  purposes  of  public  education,  to  build  and  construct  im- 
provements for  such  purposes,  and  to  hold  or  sell  the  same. 

(§  2978a-3  Ky.  St.)  Real  Estate— Power  to  Purchase  or 
Condemn. — It  shall  also  have  power,  when  unable  to  contract 
with  the  owner  of  any  real  estate  necessary  to  the  proper  ac- 
complishment of  the  purpose  for  which  said  board  is  created, 
to  institute  condemnation  proceedings  in  accordance  with  the 
law  governing  railroad  corporations  incorporated  under  the 
laws  of  this  Commonwealth ;  and  to  have  in  such  proceedings 
the  same  rights,  powers,  privileges  and  restrictions  as  are  now 
granted  to  or  conferred  upon  such  railroad  corporations. 
Such  board  of  education  shall  have  all  the  powers  of  other 
school  districts  under  the  laws  of  this  State,  except  as  herein 
provided. 

Section  98.  (§  2978a-4.)  Eligibility  of  Members  of 
Board. — No  person  shall  be  eligible  to  the  office  of  member 
of  the  board  of  education  who  has  not  attained  the  age  of 
thirty  years  and  one  who  is  not  a  housekeeper  or  is  not  the 
owner  of  real  estate  in  said  city,  and  who  is  not  a  citizen  of 
and  a  bona  fide  resident  of  this  Commonwealth  and  of  the 


MUNICIPAL  SCHOOLS— CITIES  OF  FIRST  CLASS  129 

city  for  which  he  is  elected  for  three  years  next  preceding  the 
election;  or  who  holds  or  discharges  any  office,  deputy  ship  or 
agency  under  the  city,  or  any  district  or  county,  or  under  the 
State  of  Kentucky,  or  any  department  thereof,  or  under  the 
United  States  or  any  foreign  government,  except  that  of 
notary  public  or  milita  officer  of  Kentucky.  No  person  shall 
be  eligible  to  this  office  who,  at  the  time  of  his  election,  is 
directly  or  indirectly  interested  in  any  contract  with  the 
board,  or  who  holds  any  office  of  trust  or  agency  of  or  draws 
a  salary  from  any  corporation  which  holds  any  contract  with 
the  board,  or  whose  father,  son,  brother,  wife,  daughter  or  sis- 
ter is  employed  as  teacher,  or  in  any  other  capacity  by  such 
board,  or  in  any  of  the  public  schools,  or  who  is,  directly  or 
indirectly,  interested  in  the  sale  to  the  board  of  books,  station- 
ery, or  other  property.  If  he  shall,  after  election,  become  a 
candidate  for  any  office  or  agency  or  for  the  nomination 
thereto,  the  holding  and  discharging  of  which  would  have  ren- 
dered him,'  ineligible  before  election,  or  if  he  shall  remove  out 
of  the  city  for  which  he  was  chosen,  or  if  he  shall  do  or  incur 
anything  which  would  have  rendered  him  ineligible  for  elec- 
tion, or  if. any  of  his  relatives  above  specified  be  employed  by 
the  board,  his  office  shall,  without  further  action,  be  vacant 
and  it  shall  be  filed  as  directed. 

(§  2978a-5  Ky.  St.)  Compensation  of  Members.— No 
compensation  shall  be  paid  to  the  members  of  the  board,  but 
they  shall  be  exempt  from  jury  duty  and  from  service  as  elec- 
tion officers  during  their  term  of  office. 

(§  2978a-6  Ky.  St.)  Term  of  Office.— The  members  of 
said  board  of  education  shall  be  elected,  except  as  specified  in 
section  253  of  this  act,  for  the  term  of  four  years  by  the  quali- 
fied voters  of  such  city.  They  shall  be  elected  from  the  city 
at  large,  and  such  election  shall  be  held  under  the  provisions 
of  the  general  laws  governing  city  elections,  so  far  as  they 
are  not  inconsistent  with  the  provisions  of  this  act. 

(§  2978a-7  Ky.  St.)  Election  by  Secret  Ballot— General 
Election  Law  to  Control. — All  elections  for  members  of  the 
board  of  education  shall  be  by  secret  ballot,  and  the  ballot 
shall  be  on  a  separate  sheet  from  all  other  ballots  to  be  used 

S.  L .— 5 


130  KENTUCKY  SCHOOL  LAWS  1922 

in  any  election.  It  shall  be  the  duty  of  the  County  Clerk  of 
any  county  in  which  a  city  of  the  first  class  is  situated,  to 
cause  to  be  printed  on  said  ballot  the  names  of  all  candidates 
for  membership  of  the  board  of  education  of  such  a  city,  in 
whose  behalf  he  may  be  petitioned  so  to  do  in  writing  by  not 
less  than  four  hundred  electors  of  said  city.  The  petitions 
mtist  be  filed  in  the  office  of  the  County  Clerk  not  more  than 
sixty  days  nor  less  than  fifteen  days  before  the  day  of  elec- 
tion, and  $ach  petition  must  be  signed  by  the  requisite  num- 
ber of  qualified  persons,  and  shall  show  the  place  of  residence 
of  each  person  Signing  it,  and  no  person  shall  sign  more  peti- 
tions than  the  number  of  offices  to  be  filled.  If  the  nomina- 
tion is  to  fill  a  vacancy,  the  petition  shall  so  state.  Where 
the  same  person  shall  be  nominated  for  a  full  term,  and  to 
fill  a  vacancy,  he  shall  be  accepted  as  a  candidate  for  the  full 
term.  Said  ballot  shall  be  in  the  form  prescribed  for  ballots 
by  the  general  election  law  of  the  State,  except  that  no  party 
or  other  emblem  or  distinguishing  mark  shall  be  placed  upon 
said  ballot,  save  the  words,  "School  Ticket"  at  the  head 
thereof;  and  that  the  names  of  all  candidates  for  membership 
in  the  board  of  education  shall  be  printed  on  said  "ballot  in  a 
single  column.  The  names  shall  be  printed  on  the  first  one  hun- 
dred ballots  as  arranged  in  order  by  lot.  On  each  of  the  suc- 
ceeding one  hundred  ballots  the  names  shall  be  printed  in  the 
same  order,  save  that  the  last  name  on  the  preceding  one  hun- 
dred ballots  shall  be  shifted  to  the  first  place ;  and  so  on  there- 
after throughout,  a  like  change  being  made  in  the  printed  order 
of  names  for  every  one  hundred  ballots.  As  many  additional 
lines  shall  be  left  blank  as  there  are  members  to  be  elected. 
The  provisions  of  the  general  election  law  of  the  State  of 
Kentucky  as  to  the  duties  of  County  Clerks  and  other  public 
officers  in  the  matter  of  printing  and  distributing  ballots,  of 
the  issuing  them  to  voters,  of  receiving  and  depositing  them 
in  the  ballot  boxes,  and  of  counting  and  preserving,  them,  and 
in  all  other  particulars,  except  as  otherwise  provided  herein, 
shall  be  applicable  in  all  respects  to  the  emotion  of  members 
of  the  board  of  education :  Provided,  that  it  shall  be  the  duty 
of  the  sheriff  of  each  county  in  which  a  city  of  the  first  class 


MUNICIPAL  SCHOOLS— CITIES  OF  FIRST  CLASS  131 

is  situated,  to  provide  for  each  precinct  in  said  city  a 
separate  box  for  the  reception  of  the  ballots  used  in  the  elec- 
tion of  members  of  the  board  of  education.  And  provided, 
further,  that  it  shall  be  the  duty  of  the  judge  of  election  of 
the  opposite  political  party  to  the  clerk  of  the  ejection  in  each 
precinct  to  issue  the  school  ballots  in  the  same  manner  as  other 
ballots  are  issued  by  the  clerk  of  election  by  writing  the  name 
and  the  residence  of  the  voter  upon  the  primary  stub,  and  his 
registered  number  upon  the  secondary  stub  of  the  school  bal- 
lot, and  by  observing,  as  to  these  ballots,  such  other  regula- 
tions for  the  issue  and  deposit  of  ballots  as  may  be  prescribed 
for  elections  generally.  It  shall  be  unlawful  for  an  election 
officer  or  other  person  within  the  election  booth  to  tell  or  to 
indicate  by  word  of  mouth  or  otherwise  to  a  voter  what  may 
be  the  political  affiliations  of  any  candidate,  and  a  violation 
of  this  provision  shall  be  a  misdemeanor  punishable  by  fine  not 
exceeding  two  hundred  dollars. 

(§  2978a-8  Ky.  St.)  Members  to  be  Voted  For.— Each 
voter  may  vote  for  as  many  of  said  candidates  as  there  are 
members  to  be  elected  by  marking  a  cross  in  the  square  op- 
posite the  name  of  each  candidate  for  whom  he  wishes  to  vote. 
The  candidates,  in  number  equal  to  the  number  of  members 
to  be  chosen,  who  have  the  highest  number  of  votes  shall  be 
declared  elected.  If  at  any  election  a  member  is  to  be  chosen 
to  fill  a  vacancy  and  to  serve  out  an  unexpired  term,  candi- 
dates may  be  chosen  as  above  provided,  but  they  shall,  in  all 
cases,  be  designated  on  the  ballots  as  candidates  to  fill  a  va- 
cancy, and  the  date  of  the  unexpired  term  shall  be  stated. 

Section  99.  (§  2978a-9  Ky.  St.)  Organization  of  Board. 
—At  the  general  election  occurring  in  the  month  of  Novem- 
ber, 1910,  five  members  of  the  board  of  education  shall  be 
elected  as  herein  provided.  After  having  qualified  by  taking 
the  oath  as  prescribed  by  law,  they  shall  assume  office  on  the 
first  day  of  January,  1911,  and  shall  meet  at  the  offices  of  the 
present  school  board  of  said  city  at  twelve  o'clock  noon,  and 
shall  proceed  to  organize  by  electing  one  of  their  number  pres- 
ident, and  another  vice  president.  Within  one  week  after  the 
organization  of  said  board  it  shall  meet  to  divide  its  members 


132  KENTUCKY  SCHOOL  LAWS  1922 

by  lot  in  such,  manner  as  they  shall  determine  into  two  classes, 
as  follows:  The  first  class,  consisting  of  two  members,  shall 
hold  office  through  the  31st  day  of  December,  1912,  the  second 
class,  consisting  of  three  members,  shall  hold  office  through 
the  31st  day  of  December,  1914.  Thereafter  at  each  regular 
election  held  in  November  of  each  even  numbered  year,  mem- 
bers shall  be  elected  as  hereinbefore  provided,  to  take  the 
place  of  those  whose  terms  will  next  expire,  and  the  members 
so  chosen  shall  hold  office  for  four  years,  or  until  their  succes- 
sors are  elected  and  qualified. 

(§  2978a-10  Ky.  St.)  President  and  Vice  President  to  be 
Elected. — At  its  first  regular  meeting  after  the  1st  day  of 
January,  in  each  year,  following  its  original  organization,  said 
board  of  education  shall  reorganize  by  electing  one  of  its  mem- 
bers president,  and  another  vice  president. 

(§  2978a-ll  Ky.  St.)  Vacancies— How  Filled.— Any 
vacancy  in  said  board,  from  whatever  cause  occurring,  shall 
be  temporarily  filled  by  the  other  mlembers  of  the  board  as 
soon  as  practicable  after  such  vacancy  occurs.  The  member 
so  chosen  shall  hold  office  until  his  successor  is  elected  and 
qualified,  subject  to  the  provisions  of  section  152  of  the  Con- 
stitution of  Kentucky. 

(§  2978a-12  Ky.  St.)  Board  of  Education  to  Surrender 
School  Property. — When  members  of  the  board  of  education 
shall  have  been  elected,  shall  have  qualified,  and  shall  have 
been  organized  as  hereinbefore  provided,  thereupon  it  shall 
become  the  duty  of  the  existing  school  board  and  all  officers, 
agents  and  employes  thereof  to  surrender  their  places  and  to 
deliver  to  said  board  of  education  all  the  common  school  prop- 
erty, both  real  and  personal,  of  every  kind  whatsoever,  and 
the  control  and  management  of.the  common  school  affairs  of 
such  city:  Provided,  that  until  such  board  of  education  shall 
be  organized,  the  administration  of  the  common  schools  and 
the  management  of  school  property  in  such  city  shall  remain 
in  the  control  of  the  existing  school  board  in  the  same  manner 
and  with  the  same  powers  as  existed  prior  to  the  passage  of 
this  act.  All  rules  and  by-laws  made  by  any  existing  school 
board  at  such  time  vested  in  such  city  with  the  management 


MUNICIPAL  SCHOOLS— CITIES  OP  FIRST  CLASS  133 

of  the  common  schools  shall  continue  in  force,  so  far  as  con- 
sistent with  this  act  until  repealed  or  altered  by  a  majority  of 
such  board  of  education.  Provided,  further,  that  the  first 
board  of  education  may  continue  the  employment  and  service 
of  any  existing  officer,  teachers,  agents  or  other  employes,  in 
their  several  capacities  in  connection  with  the  administration 
of  school  affairs,  until  such  time  as  they  effect  the  change  of 
administrative  system  applicable  to  the  common  schools  as 
contemplated  in  this  act;  and  said  board  of  education  may 
thereafter  retain  or  remove  any  agent,  teachers,  janitors, 
engineers  or  other  employes  then  rendering  service  in  con- 
nection with  the  public  schools  of  said  city. 

(<§>  2978a-13  Ky.  St.)  Rules  and  By-laws.— It  shall  be  the 
duty  of  said  board  of  education,  within  sixty  days  after  its 
organization,  to  adopt  rules  and  by-laws  for  its  meetings  and 
proceedings,  and  for  the  government,  regulation  and  manage- 
ment of  the  schools  and  school  property,  and  for  the  examina- 
tion, qualification  and  employment  of  teachers.  And  such 
rules  or  by-laws  may  be  changed,  altered,  or  set  aside,  only 
upon  an  affirmative  vote  of  four  (4)  memlbers  of  the  board. 

(§  2978a-14  Ky.  St.)  Appointment  of  Officers.— It  shall 
be  the  duty  of  said  board  of  education,  as  soon  as  practicable 
after  its  organization,  to  appoint  a  superintendent  of  schools, 
a  business  director,  a  secretary  and  treasurer,  and  such  other 
officers  and  agents  as  it  may  deem  proper.  Provided,  that 
no  such  officer,  employe  or  agent  shall  be  a  member  of  said 
board. 

Section  100.  (§  2978a-15  Ky.  St.)  Superintendent  of 
Schools  Appointed  for  One  Year — Powers  and  Duties. — The 
board  of  education  shall  appoint  a  superintendent  of  schools 
who  shall  serve  for  a  term  of  one  year,  but  whenever  a  super- 
intendent who  shall  have  served  one  year  shall  be  re-elected, 
his  re-election  shall  be  for  a  term  of  four  years.  His  com- 
pensation shall  not  be  changed  during  the  term  for  which  he 
is  elected.  He  may  be  removed  at  any  time  by  a  vote  of  three- 
fifths  of  the  entire  board.  The  board  of  education  may,  on 
the  nomination  of  the  superintendent  of  schools,  appoint  as 
many  assistant  superintendents  as  it  may  deem  necessary, 


134  KENTUCKY  SCHOOL  LAWS  1922 

whose  compensation  shall  be  fixed  by  the  board,  and  who  may 
be  removed  by  the  superintendent  with  the  approval  of  the 
board.  The  superintendent  of  schools  shall  qualify  by  taking 
the  oath  prescribed  by  law.  He  shall  have  general  supervis- 
ion, subject  to  the  control  of  the  board,  of  the  course  of  in- 
struction, discipline  and  conduct  of  the  schools,  text  books 
and  studies;  and  all  appointments,  promotions  and  transfers 
of  teachers  and  truant  officers,  and  introduction  and  changes 
of  text  books  and  apparatus  shall  be  made  only  upon  the  recom- 
mendation of  the  superintendent  and  the  approval  of  the 
board.  The  superintendent  shall  have  the  power  to  suspend 
any  teacher  or  truant  officer  for  cause  deemed  by  him  suf- 
ficient, and  the  board  of  education  shall  take  such  action  upon 
the  restoration  or  removal  of  such  person  as  it  may  deem 
proper.  All  appointments  and  promotions  of  teachers  shall 
be  made  upon  the  basis  of  m'erit,  to  be  ascertained  as  far  as 
practicable,  in  cases  of  appointments,  by  examination,  and  in 
cases  of  promotion,  by  length  and  character  of  service.  Ex- 
amination for  appointment  shall  be  conducted  by  the  superin- 
tendent in  accordance  with  the  State  law  for  the  certification 
of  teachers,  and  under  such  other  regulations  as  may  be  made 
by  the  board.  The  superintendent  of  schools  shall  devote 
himself  exclusively  to  the  duties  of  his  office,  and  shall  have 
power  to  appoint  clerks,  whose  number  and  salaries  shall  be 
fixed  by  the  board,  and  shall  have  power  to  remove  the  same ; 
shall  exercise  a  general  supervision  over  the  schools  of  the 
city,  examine  their  condition  and  progress  and  shall  keep 
himself  informed  as  to  the  progress  of  education  in  other 
cities.  He  shall  advise  himself  of  the  need  of  extension  of  the 
school  system  of  the  city,  shall  make  reports  from  time  to  time 
as  may  be  fixed  by  the  rules  or  directed  by  the  board,  and 
shall  be  responsible  to  the  board  for  the  condition  of  the  in- 
struction and  discipline  of  the  schools.  The  term  "teachers," 
as  used  herein,  shall  include  supervisors,  supervising  princi- 
pals and  principals. 

Section  101.  (§  2978a-16  Ky.  St.)  Business  Director- 
Compensation — Duty. — The  board,  shall  appoint  >a  business 
director,  who  shall  serve  for  a  term  of  one  year,  but  whenever 


MUNICIPAL  SCHOOLS— CITIES  OF  FIRST  CLASS  135 

a  business  director  who  shall  have  served  one  year  shall  be 
re-elected,  his  re-election  shall  be  for  a  term  of  four  years, 
but  he  may  be  removed  at  any  time  by  a  vote  of  three-fifths 
of  the  entire  board.  His  compensation  shall  not  be  changed 
during  the  term  for  which  he  is  elected.  The  business  direc- 
tor shall  qualify  by  taking  the'  prescribed  oath,  and  shall  be 
the  executive  officer  of  the  board.  He  shall  execute  for  the 
board  in  the  name  of  the  board  its  contracts  and  obligations ; 
he  shall  see  that  all  contracts  made  by  or  with  said  board  are 
fully  and  faithfully  performed;  he  shall  have  the  care  and 
custody  of  all  property  of  the  board  of  education,  real  and 
personal,  except  moneys;  he  shall  oversee  the  construction  of 
buildings  in  process  of  erection  and  repairs  of  buildings  owned 
or  controlled  by  the  board ;  shall  advertise  for  bids,  and  shall 
purchase  all  supplies  and  equipments  authorized  by  the  board ; 
and,  generally,  shall  execute  and  carry  into  effect  all  matters 
and  things  authority  for  which  shall  have  been  granted  by  the 
board,  as  herein  provided. 

(§  2978a-17  Ky.  St.)  Bond  to  be  Given  by  Business  Di- 
rector.— The  business  director  shall  devote  his  entire  time  to 
the  duties  of  his  office,  and  shall  receive  an  annual  salary  to 
be  fixed  by  the  board  at  the  beginning  of  each  term,  and  pay- 
able monthly  out  of  the  school  fund  of  the  city.  Before  enter- 
ing upon  the  discharge  of  the  duties  of  his  office  he  shall  give 
a  bond  for  the  faithful  performance  thereof  in  the  sum  of  ten 
thousand  dollars,  with  a  surety  company,  to  be  approved  by 
the  board,  which  bond  shall  be  paid  for  by  the  board  and  be  de- 
posited with  the  secretary  and  treasurer  within  twenty  days 
from  date  of  election,  and  preserved  by  him. 

(§  2978a-18  Ky.  St.)  Janitors  and  Engineers  to  be  Ap- 
pointed by  Business  Director. — Subject  to  the  approval  of 
the  board  of  education  as  to  the  number  and  salaries,  the  busi- 
ness director  shall  have  power  to  appoint,  with  the  approval 
of  the  board  of  education,  as  many  engineers,  janitors  and 
other  employes  and  agents  as  may  be  necessary  for  the  proper 
performance  of  the  duties  of  his  department,  for  whom  he 
shall  be  responsible,  and  whom  he  shall  have  power  to  remove ; 
but  the  board  of  education  may  provide  for  a  competitive 


136  KENTUCKY  SCHOOL  LAWS  1922 

examination  for  the  positions  of  janitors  and  engineers;  and 
when  such  provision  shall  have  been  made,  the  business  direc- 
tor shall  be  required  by  the  board  to  appoint  janitors  and 
engineers  from  the  list  obtained  by  such  examination.  He 
shall  appoint  such  assistants  and  deputies  as  may  be  authorized 
by  the  board,  whose  comjpensation  shall  be  fixed  by  the  board, 
and  one  of  said  assistants  shall  be  a  trained  and  educated 
mechanical  engineer,  qualified  to  design  the  heating,  ventilat- 
ing and  sanitary  machinery  and  apparatus  connected  with  the 
school  buildings.  Such  assistants  and  deputies  shall  be  sub- 
ject to  removal  by  the  business  director,  who  shall  be  respon- 
sible for  the  proper  performance  of  their  duties.  He  shall 
perform  such  other  duties  as  may  be  required  of  him  by  the 
board. 

(§  2978a-19  Ky.  St.)  Business  Director  to  Estimate  Cost 
of  Work— How  Arrange  For— When  Done— By  Director  or 
Contractor— Lowest  and  Best  Bid— Emergency  Work— Board 
May  Restrict  Authority. — (a)  The  business  director  shall  m,ake 
a  careful  estimate  of  the  cost  of  any  such  work.  If  the  esti- 
mate exceeds  $100.00  in  amount  he  shall  submit  it  in  writing 
to  the  board  of  education,  and  the  work  must  in  such  case  be 
done  by  contract  let  by  the  board,  unless  the  board  shall  order 
it  done  directly  by  the  business  director  and  s'hall  state  in  its 
order  the  amount  of  the  estimate  and  the  board's  reasons  for 
ordering  it  to  be  done  directly.  If  such  order  be  entered  the 
business  director  shall  proceed  with  the  work.  If  no  such 
order  is  entered  and  the  work  is1  to  be  done,  the  necessary 
plans  and  specifications  shall  be  prepared,  bids  shall  be  solicit- 
ed by  such  advertisement  as  the  board  may  provide,  and  the 
contract  shall  be  made  by  the  board  after  public  letting  to  the 
lowest  responsible  bidder,  but  the  board  m,ay  reject  all  bids. 

(b)  "Where  the  business  director's  estimate  of  the  cost. 
of  any  work  of  construction,  alteration  or  repair  does  not  ex- 
ceed $100.00,  he  shall  preserve  such  estimate  in  his  office,  and 
he  may  proceed  to  do  such  work  directly  or  by  contract,  and 
in  the  latter  case  the  contract  may  be  made  for  the  board  by 
him.  Before  making  any  such  contract  he  shall  prepare  plans 
and  specifications  if  necessary,  shall  solicit  bids  in  such  man- 


MUNICIPAL  SCHOOLS— CITIES  OF  FIRST  CLASS  137 

ner  as  the  board  shall  provide,  and  he  shall  make  the  contract 
with  the  lowest  responsible  bidder,  but  he  may  reject  all  bids. 

(c)  An  exception  to  the  foregoing  rules  is  allowed  where 
in  the  opinion  of  the  business  director  an  emergency  exists 
and    his    estimate     of    the     cost     of    the    work    does    not 
exceed  $250.00.     In  such  case  the  business  director  may  pro- 
ceed, without  action  by  the  board,  to  do  such  work  directly,  ' 
or  by  contract  made  for  the  board  by  him.     If  in  such  case  he 
proceed  by  contract  he  may  award  the  contract  without  plans 
or  specifications  and  without  solicitation  of  bids.     In  every 
case  coming  under  this  paragraph   (c)   the  business  director 
must  report  in  writing  his  action  to  the'  next  regular  meeting 
of  the  board,  and  he  must  state  in  the  writing  the  cost  of  the 
'work   and  his  reasons   for   considering   that   an   emergency 
existed. 

(d)  Where  work  is  to  be  done  by  contract  no  bid  shall 
be  entertained  which  does  not  comply  with  the  specifications 
and  with  the  terms  of  the  letting. 

(e)  The  board  may  withdraw  or  restrict  to  such  extent 
as  it  deems  proper  am^  authority  by  this  section  conferred 
upon  the  business  director  to  do  work  either  by  contract  or 
directly. 

Section  102.     (§  2978a-20  Ky.   St.)     Advertisement  for 
Supplies.— The  board  shall,  at  or  prior  to  the  beginning  of 
each  fiscal  year,  cause  advertisements  to  be  made  under  such 
regulations  as  it  may  provide  for  proposals  for  furnishing  the 
supplies  required  in  the  schools  and  by  the  board  in  the  ensu- 
ing year ;  and  every  contract  therefor  shall  be  awarded  to  the 
lowest  responsible  bidder  complying  with  the  terms  of  the 
letting;  provided,  however,  that  said  board  shall  have  and 
reserve  the  right  to  reject  all  bids.     If  other  supplies  are  re- 
quired during  the  year,  they  shall  be  furnished  under  con- 
tracts awarded  in  like  manner;  but  the  board  may  authorize 
the  purchase  of  supplies  not  exceeding  one  hundred  dollars  in 
amount  without  letting  or  contract.     The  board  shall  make 
distribution  of  supplies  through  such  agencies  and  in  such 
manner  as  it  deems  proper. 


138  KENTUCKY  SCHOOL  LAWS  1922 

Section  102a.  (§  2978a-21  Ky.  St.)  Secretary  and  Treas- 
urer to  be  Appointed. — The  board  shall  appoint  an  officer, 
who  shall  be  secretary  and  treasurer,  and  shall  serve  for  a 
term  of  one  year,  but  whenever  a  secretary  and  treasurer  shall 
have  served  one  year  and  be  re-elected,  his  election  shall  be  for . 
a  term  of  four  years,  but  he  may  be  remioved  at  any  time  by  a 
vote  of  three-fifths  of  the  entire  board.  He  shall  give  bond  in 
such  sum  as  the  board  may  require,  which  shall  not  be  less 
than  $50,000.00,  with  a  surety  company  to  be  approved  by  the 
board,  such  bond  to  be  paid  for  by  the  board  and  be  deposited 
with  the  president  of  the  board  within  twenty  days  from  date 
of  election  and  preserved  by  him.  The  compensation  of  such 
officer  shall  be  fixed  by  the  board  of  education,  before  his  elec- 
tion, and  shall  not  be  changed  during  the  term  for  which  he 
is  elected.  He  shall  exercise,  subject  to  the  control  of  the 
board,  general  supervision  over  the  fiscal  affairs  of  the  public 
school  of  the  city,  the  collection  and  payment  of  funds  to  the 
school  depositaries,  and  the  disbursement  of  all  revenue  and 
moneys  belonging  to  the  board. 

He  shall  record  the  proceedings  of  the  board  in  such  man- 
ner as  may  be  directed  by  the  board,  and  shall  deposit  daily 
in  the  designated  depositary  of  the  board  all  moneys  collected 
or  received  by  him  for  the  board.  He  shall  furnish  to  the 
board  at  the  beginning  of  each  month  a  statement  of  receipts 
and  disbursements  of  the  preceding  month ;  and  at  the  end  of 
the  fiscal  year  he  shall  make  to  the  board  a  full  and  compre- 
hensive report  of  its  financial  affairs  for  the  preceding  year. 
He  shall  be  the  custodian  of  all  securities,  documents,  title 
papers,  books  of  record  and  other  papers  belonging  to  the 
board,  under  such  conditions  as  the  board  may  direct.  It 
shall  be  his  duty  to  see  that  no  liability  is  incurred  or  expendi- 
ture made  without  due  authority  of  law,  that  appropriations 
are  not  overdrawn  and  that  all  expenditures  are  charged  to  the 
appropriations  for  which  they  are  miade.  Subject  to  the  ap- 
proval of  the  board,  he  shall  have  power  to  appoint  assistants, 
for  whom  he  shall  be  responsible  and  whom  he  may  remove. 
He  shall  perform  such  other  duties  as  may  be  required  of  him 
by  the  board. 


MUNICIPAL  SCHOOLS— CITIES  OF  FIRST  CLASS  139 

(§  2978a-22  Ky.  St.)     Depositaries  to  be  Selected.— The 

board  shall,  in  the  month  of  June  of  each  year,  advertise  for 
bids  from  the  banks  and  trust  companies  in  such  city  for  the 
current  deposits  of  such  board,  to  be  secured  by  bond  with 
surety  to  be  approved  by  the  board  in  an  amount  to  be  fixed 
by  the  board,  and  said  bids  shall  specify  the  rate  of  interest 
to  be  allowed  to  said  board  on  such  deposits  and  the  nature 
of  the  security  offered;  and  such  deposits  shall  be  annually 
awarded  to  the  two  institutions,  banks  or  trust  companies  that 
offer,  with  the  required  security,  the  highest  rates  of  interest 
therefor;  and  the  board  shall  cause  contracts  for  the  ensuing 
year  to  be  made  with  such  banks  or  trust  companies  so  receiv- 
ing the  award  of  such  deposits.  All  moneys  due  the  board, 
from  any  source  whatsoever,  shall  be  paid  to  the  secretary  and 
treasurer,  who  shall  thereupon  cause  all  funds  received  to  be 
paid  into  such  designated  depositaries,  the  balance  in  each 
to  be  kept  as  nearly  equal  as  practicable.  The  fiscal  year  of 
the  board  shall  end  on  the  30th  day  of  June  of  each  year,  and 
the  annual  contract  shall  be  made  in  the  month  of  June  of 
each  year  for  the  deposits  of  the  succeeding  fiscal  year.  The 
funds  of  the  board  deposited  in  bank  shall  be  withdrawn  only 
on  the  order  of  the  board,  evidenced  by  check  on  its  secretary 
and  treasurer,  countersigned  by  the  president  of  ithe  board, 
or,  in  his  absence  or  disability,  by  the  vice-president. 

(§  2978a-23  Ky.  St.)  Apportionment  of  Revenues.— It 
shall  be  the  duty  of  the  board  at  the  beginning  of  each  fiscal 
year  to  apportion  the  revenues  available  for  that  year  to  the 
different  departments,  for  expenditures  in  support  of  the 
schools  for  that  year,  and  no  report  or  resolution  shall  be 
adopted  by  the  board  calling  for  the  expenditure  of  money 
unless  it  states  specifically  the  fund  from  which  the  appro- 
priation is  to  be  made,  and  is  accompanied  by  the  certificate  of 
the  secretary  and  treasurer  showing  sufficient  balance  in  such 
fund  available  for  such  expenditure. 

(§  2978a-24  Ky.  St.)  Money  May  Be  Borrowed.— The 
board  shall  have  power  to  borrow  money  cm  the  credit  of  the 
board  in  anticipation  of  the  revenue  from  school  taxes  for  the 
fiscal  year  in  which  the  same  is  borrowed  and  to  pledge  said 


140  KENTUCKY  SCHOOL  LAWS  1922 

school  taxes  for  the  paymient  of  the  principal  and  interest  of 
said  loan :  Provided,  that  the  interest  paid  shall  in  no  case  ex- 
ceed six  per  cent,  per  annum  and  th'e  principal  shall  in  no 
case  exceed  fifty  per  cent,  of  the  anticipated  revenue. 

Section  102a-l.  (§  2978a-25  Ky.  St.)  Tax  Levy.— ^To 
raise  ^oney  for  the  m&intenance  of  the  schools  the  general 
council  shall  annually  cause  to  be  levied  and  collected  a  tax 
of  not  less  than  thirty-six  cents  (.36)  on  each  one  hundred 
($100.00)  dollars  of  property  assessed  for  taxation  for  city 
purposes.  Upon  the  completion  of  the  assessment  of  property 
for  taxation,  the  amount  levied  as  above  shall  annually  be 
passed  to  the  credit  of  the  school  fund,  upon  the  books  of  the 
city,  and  the  said  amount,  as  collected,  shall  be  paid  over  to 
the  board  by  the  treasurer  of  the  city,  in  regular  monthly  in- 
stallments, the  first  payment  to  be  m(ade  within  one  week  after 
the  collection  of  said  amount  shall  have  been  commenced  and 
the  other  payments  to  be  made  weekly  thereafter  in  current 
money  by  the  said  treasurer  as  collected. 

(§  2978a-26  Ky.  St.)  School  Fund.— For  the  mainten- 
ance of  the  schools  there  shall  be  appropriated  the  sum  or 
sums  which  may  be  received  from  year  to  year  as  the  city's 
portion  of  the  school  fund  of  this  Commonwealth. 

(§  2978a-27  Ky.  St.)  Property  to  Escheat.— So  much  real 
or  mjixed  property  in  the  city,  when  from  alienage,  defect  of 
heirs,  failure  of  kindred  or  other  cause,  shall  escheat  to  the 
Commonwealth  of  Kentucky  shall  vest  in  the  board  for  the  use 
and  benefit  of  the  common  schools.  Said  board  may,  in  the 
name  of  the  Commonwealth,  for  the  use  and  benefit  of  the 
common  schools  of  the  city,  by  its  president  or  other  officer 
to  be  designated  by  it,  enter  upon  and  take  possession  of  said 
property  or  sue  for  and  recover  the  same  by  an  action  at  law 
or  in  equity,  and  without  office  found.  The  board  may  sell 
and  convey  any  of  such  property  by  warranty,  deed  or  other- 
wise. 

(§  2978a-28^Ky.  St.)  Duty  of  Officers  as  to  Collection  of 
Taxes. — All  officers  of  any  city  of  the  first  class,  and  of  the 
State,  concerned  with  the  assessment  and  collection  of  taxes, 
fines  and  penalties  shall  perform  such  duties  in  relation  to  the 


MUNICIPAL  SCHOOLS— CITIES  OP  FIRST  CLASS  141 

levying  and  collection  of  school  taxes  and  the  collection  of 
such  fines  and  penalties,  and  the  payment  thereof  to  said  board 
for  school  purposes,  as  are  now  imposed  by  the  existing  laws 
upon  such  officers  in  relation  to  the  levy  and  collection  of 
school  taxes  and  the  collection  of  fines  and  penalties  payable 
to  the  school  funds;  and  nothing  in  this  act,  unless  incon- 
sistent therewith,  shall  be  construed  as  repealing  any  existing 
law  providing  for  the  assessment  and  collection  of  school 
taxes  in  such  city;  and  all  powers  and  duties  conferred  by 
existing  law  upon  any  board  in  relation  thereto  shall  be  con- 
tinued in  the  board  created  by  this  act. 

Section  103.  (§  2978a-29  Ky.  St.)  Books  to  be  Audited 
by  Expert  Accountant. — At  the  close  of  each  fiscal  school  year 
the  mayor  of  such  city  shall  appoint  one  or  more  expert  ac- 
countants, who  shall  examine  the  books,  accounts  and  vouch- 
ers of  the  secretary  and  treasurer,  business  director,  and  all 
other  departments  of  expenditures  of  the  boards,  and  shall 
make  due  report  thereof  to  the  mayor  and  board  of  education 
of  such  city.  All  the  officers  and  employes  of  the  board  shall 
produce  and  submit  to  such  accountants  for  examination  of 
all  books,  papers,  documents,  vouchers  and  accounts  in  their 
office  belonging  to  the  same  or  thereto  pertaining,  and  shall 
in  every  way  assist  said  accountants  in  their  work.  In  the 
report  to  be  made  by  said  accountants  they  may  make  any 
recommendations  they  deem  proper  as  to  the  business  methods 
of  such  officers  and  employes.  A  reasonable  compensation  for 
such  services  shall  be  paid  by  the  board. 

(§  2978a-30  Ky.  St.)  Kindergartens— Powers  to  Estab- 
lish..— The  board  shall  have  the  power  to  establish  and  main- 
tain kindergartens  for  children  from  four  to  six  years  of  age, 
high  schools,  manual  training  schools  and  a  normal  school  and 
normal  training  classes  for  the  purpose  of  training  teachers  to 
fill  positions  in  the  schools  of  the  city,  and  to  this-end  it  may 
prescribe  rules  and  regulations  for  the  government  of  such 
schools,  and  as  in  other  cases  it  may  employ  the  principals  and 
other  teachers  necessary  for  their  efficient  management. 

(§  2978a-31  Ky.  St.)  Separate  Schools  for  White  and 
Colored  Children. — The  board  shall  provide,  maintain  and 


142  KENTUCKY  SCHOOL  LAWS  1922 

support  separate  schools  wherein  all  colored  children,  who  are 
bona  fide  residents  of  said  city,  between  the  ages  of  six  and 
eighteen  years,  may  be  taught  in  like  manner  as  herein  pro- 
vided for  white  children.  Said  schools  for  colored  children 
shall  be  entitled  to  the  sam-e  benefits,  be  governed  by  the  same 
rules  and  regulations,  and  be  subject  to  the  same  restrictions 
as  the  schools  herein  provided  for  white  children. 

(§  2978a-32  Ky.  St.)  Qualifications  of  Pupils  Fixed  by 
Board. — The  board  shall  prescribe  the  necessary  qualifications 
and  mode  of  examination  for  applicants  for  admission  to  the 
various  schools,  and  may  furnish  text  books  and  necessary 
school  supplies  to  pupils  free  of  charge  under  such  rules  and 
regulations  as  it  may  adopt. 

(§  2978a-33  Ky.  St.)  Religious  Dogmas.— No  formjula  of 
religious  belief  shall  be  taught  or  inculcated,  nor  shall  any 
class  or  any  text  book  be  used  which  reflects  or  any  religious 
denomination. 

Section  104.  (§  2978a-34  Ky.  St.)  Pupils  Admitted 
Prom  Beyond  City. — The  board  shall  have  power  to  admit  to 
the  school  pupils  from  beyond  the  city  limits,  and  shall  collect 
from  all  persons  so  admitted  tuition  fees  for  the  benefit  of  the 
school  fund  of  the  city,  but  may  make  equitable  allowance  or 
reduction  for  taxes  paid  for  schools  by  such  children  or  their 
parents  on  property  in  the  city.  Children  of  persons  residing 
outside  of  the  city  limits  shall  not  be  admitted  as  pupils  into 
any  of  the  public  schools,  except  upon  payment  of  such  tuition 
as  the  board  may  require  as  aforesaid. 

(§  2978a-35  Ky.  St.)  Reports  to  be  Made— Census  to  be 
Taken. — A  city  of  the  first  class  being  deemed  one  school  dis- 
trict for  taxation  purposes  and  entitled  to  its  proportion  of  the 
common  school  fund  of  the  Commonwealth,  the  board  of  edu- 
cation of  such  city  shall  make  detailed  reports  annually  and 
special  reports  as  required  to  the  State  Superintendent  of 
Public  Instruction.  The  board  shall  also,  in  the  year  1911, 
and  every  third  year  thereafter,  take  the  census  of  children  of 
school  age  and  make  returns  thereof  to  the  Superintendent  of 
Public  Instruction,  at  the  same  time  other  school  officers  are 
required  to  make  returns;  and  for  the  neglect  of  this  duty 


MUNICIPAL  SCHOOLS— CITIES  OF  FIRST  CLASS  143 

the  members  of  the  board  shall  be  liable  to  the  same  penalties. 
This  census  shall  be  taken  under  regulations  approved  by  the 
State  Board  of  Education. 

For  the  years  in  which  no  census  is  required  to  be  taken, 
the  Superintendent  of  Public  Instruction  shall  determine  the 
amount  per  capita  to  be  paid  over  to  the  board  of  education 
of  such  cities  by  adding  annually  to  the  number  of  children 
of  school  age,  as  shown  by  the  next  preceding  census  actually 
taken,  such  increase  or  addition  as  he  may  ascertain  to  be  the 
annual  increase  of  children  of  school  age  in  the  district  upon 
averaging  the  yearly  increase  shown  by  the  three  actual  enum- 
erations next  preceding:  Provided,  however,  that  the  board 
of  education  of  any  such  city  or  the  Superintendent  of  Public 
Instruction  may  elect  to  take  an  actual  census  in  any  of  such 
years,  in  which  case  the  return  of  such  census  shall  govern. 

(§  2978a-36  Ky.  St.)  Report  of  Business  Director  and 
Treasurer. — The  board  shall,  at  the  end  of  each  scholastic  year, 
prepare  and  publish,  for  the  information  of  the  public,  a  re- 
port which  shall  include  the  annual  reports  made  to  the  board 
by  the  superintendent,  business  director  and  secretary  and 
treasurer,  together  with  such  other  information  as  m&y  be 
proper  and  necessary  to  an  understanding  of  the  general  con- 
dition and  educational  progress  of  the  schools  during  the  pre- 
ceding year. 

(§  2978a-37  Ky.  St.)  Penalty.— Any  member,  officer,  or 
employe  of  such  board  who  shall  wilfully  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall,  unless  otherwise  herein  provided,  be 
punished  by  a  fine  of  not  more  than  five  hundred  dollars  or 
imprisonment  not  exceeding  one  year,  or  by  both  fine  and  im- 
prisonment, in  thje  discretion  of  the  jury.  But  nothing  herein 
contained  shall  be  construed  as  suspending  the  general  crim- 
inal laws  of  the  State  so  far  as  applicable. 

(§  2978a-38  Ky.  St.)  Repealing  Clause.— The  general 
school  laws  of  this  State  and  all  laws  and  parts  of  laws  applic- 
able to  the  general  system  of  common  schools  in  a  city  of  the 


144  KENTUCKY  SCHOOL  LAWS  1922 

first  class  and  not  inconsistent  herewith,  shall  be  in  full  force 
and  effect  in  such  city. 

Section  105.  (§  2978b-l  Ky.  St.)  Board  May  Purchase 
Site  and  Erect  Buildings — Submit  to  Vote — Bonds  and  Tax. — 
In  cities  of  the  first  class  whenever  the  board  of  education 
shall  deem  it  necessary  for  the  proper  accommodation  of  the 
schools  of  such  city  to  purchase  a  site  or  sites  or  to  erect 
school  houses  for  the  high  schools  or  for  the  other  schools,  or 
to  purchase  land  for  the  enlargement  of  existing  school  yards, 
or  for  any  other  or  all  these  purposes,  and  the  annual  funds 
raised  from  other  sources  are  not  sufficient  to  accomplish  said 
purpose  or  purposes,  and  it  shall  deem  a  bond  issue  to  be 
necessary  therefor,  said  board  shall  make  a  careful  estimate  of 
the  probable  amount  of  money  required  for  such  purpose  or 
purposes  and  it  shall  certify  to  the  general  council  of  said 
city  the  fact  that  an  election  for  an  issue  of  bonds  for  school 
improvements  should  be  held,  together  with  the  amount  of 
money  for  which  bonds  shall  be  issued  and  the  purpose  or  pur- 
poses to  which  the  proceeds  thereof  shall  be  applied.  It  shall 
thereupon  be  the  duty  of  the  general  council  to  adopt  an 
ordinance  submitting  to  the  qualified  voters  of  the 
city  at  the  next  regular  municipal  election  the  question 
whether  bonds  of  the  city  to  the  amount  specified  shall  be  is- 
sued for  school  improvement  purposes.  The  bonds  so  issued 
shall  be  designated  as  "School  Improvement  Bonds,"  and  the 
ordinance  shall  provide  the  date  and  maturity  of  such  bonds, 
the  rate  of  interest  they  shall  bear,  and  the  total  amount  to 
be  issued ;  and  the  ordinance  shall  also  contain  the  necessary 
details  in  reference  to  the  execution  and  delivery  of  said 
bonds,  their  denominations,  coupons  to  be  annexed,  tax  to  be 
levied  to  pay  the  interest  and  a  sinking  fund  to  retire  such 
bonds  at  maturity.  No  bond  issue  shall  ever  be  for  an  amount 
exceeding  the  sum  of  one  million  dollars.  The  question  to  be 
submitted  shall  be  so  framed  that  the  voter  may  by  his  vote 
answer  for  or  against  the  issue  of  bonds. 

Territory  was  annexed  to  a  city  of  the  first  class.  The  title  to  com- 
mon school  property  in  that  territory  passed  to  the  city  board  of  edu- 
cation. Board  of  Education  of  City  of  Louisville,  182  Ky.  544. 


MUNICIPAL  SCHOOLS— CITIES  OF  FIRST  CLASS  145 

It  shall  be  the  duty  of  the  mayor  of  the  city  to  see  to  it 
that  all  proper  steps  are  taken  to  secure  a  vote  of  the  people 
upon  the  question,  conforming,  as  far  as  applicable,  to  the  pro- 
ceedings in  case  of  an  election  for  members  of  the  board  of 
education  in  cities  of  the  first  class.  If  the  voters  of  the  city 
shall  determine  that  such  bonds  shall  be  issued,  they  shall, 
when  so  issued,  be  placed  under  the  control  of  the  board  of 
education,  who  shall  determine  when  and  at  what  price  and 
how  they  shall  be  sold : 

Provided,  That  no  such  bonds  shall  be  sold  for  less  than 
par:  And,  Provided  further,  That  any  premium  which  may  be 
obtained  from  said  bonds  shall  constitute  a  part  of  the  sinking 
fund  for  their  ultimate  retirement.  As  the  bonds  are  sold, 
their  proceeds  shall  be  placed  to  the  credit  of  the  board  in  the 
same  depositaries  which  are  selected  for  its  other  funds  but 
shall  be  kept  in  a  separate  account  and  shall  be  us'ed  only  for 
the  purpose  for  which  the  bonds  were  issued. 

It  shall  be  the  duty  of  the  General  Council  to  levy  an- 
nually in  its  tax  levy  a  rate  that  will  raise  a  sum  that  shall  be 
sufficient  to  pay  the  interest  and  create  a  sinking  fund  for 
the  payment  of  bonds  at  maturity.  The  said  bonds,  principal 
and  interest,  shall  be  a  charge  upon  the  sinking  fund  of  said 
city,  and  it  shall  be  entitled  to  have  the  annual  tax  that  shall 
be  levied  as  aforesaid. 

Section  106.  (§  2978d-l  Ky.  St.)  Teachers'  Annuity 
Fund — Board  of  Trustees — Manner  of  Appointment. — In  every 
city  of  the  first  class  in  the  State  of  Kentucky  there  shall  be, 
and  is  hereby  created,  a  teachers'  annuity  fund,  which  shall 
be  governed  and  managed  by  a  board  of  trustees,  which  shall 
be  a  body  corporate  under  the  name  of  Trustees  of  Teachers'- 
Annuity  Fund  of  Louisville,  with  power  to  contract  and  to 
sue  and  be  sued,  and  to  adopt  and  alter  its  seal,  and 
which  shall  be  composed  of  seven  members,  as  follows:  One 
member  of  the  board  of  education  of  such  city,  to  be  selected 
or  appointed  annually  by  such  board,  the  superintendent  of 
public  schools,  one  principal  and  four  teachers  regularly  em- 

Secs.  2978c-l  to  2978c-2,  Ky.  Stats.,  relate  to  compulsory  education 
in  cities  of  the  first,  second,  third  and  fourth  class;  and  may  be  found  in 
this  compilation  as  sections  4526c-3  to  4526c-6. 


146  KENTUCKY  SCHOOL  LAWS  1922 

ployed  in  the  public  schools  of  such  city.  Said  principal  and 
teachers  of  such  city  shall  be  selected  at  a  meeting  of  the  pub- 
lic school  teachers  of  such  city  on  the  third  Saturday  of  May, 
1912,  in  such  manner  and  at  such  place  or-  places  as  shall  be 
determined  and  designated  by  the  board  of  education  of  such 
city;' and  thereafter  there  shall  be  selected  on  the  third  Satur- 
day of  May  of  each  year  one  principal  and  three  teachers  as 
members  of  such  board  of  trustees.  The  trustees  shall  hold 
their  offices  until  their  successors  shall  be  selected  or  elected  as 
above  set  forth.  In  the  event  of  a  vacancy  upon  said  board 
occasioned  by  the  death,  resignation  or  disability  of  either  of 
said  principal  or  teachers,  then  the  public  school  teachers  of 
said  city  shall,  within  a  reasonable  time,  upon  the  call  of  the 
president  of  said  board  of  trustees,  hold  a  special  meeting 
and  elect  a  successor  or  successors.  A  majority  of  said  trus- 
tees shall  constitute  a  quorum  for  the  transaction  of  business 
pertaining  to  said  annuity  fund.  Said  trustees  shall  re- 
ceive no  pay  for  their  services  as  such,  except  the  secretary, 
who  may  be  paid  such  sum  for  services  as  m|ay  be  fixed  by  the 
board  of  trustees:  Provided,  however,  That  if  any  one  shall 
act  as  such  secretary  who  shall  receive  any  of  the  benefits  of 
said  pension  fund,  as  hereinafter  provided,  the  amount  of  the 
salary  so  received  by  such  secretary  shall  be  deducted  from 
the  amount  for  which  he  or  she  would  otherwise  be  entitled  as 
a  beneficiary  under  said  fund. 

(§  2978d-2  Ky.  St.)  Officers  of '  Board— Powers  and 
Duties. — Said  board  of  trustees  shall  elect  from  among  its 
number  a  president,  vice-president  and  secretary.  The  pres- 
ident shall  preside  at  the  meeting  of  the  board  and  perform 
all  other  duties  usual  to  such  office.  The  vice-president  shall 
perform  duties  of  the  president  in  his  or  her  absence.  It  shall 
be  the  duty  of  the  secretary  to  keep  a  true  and  accurate  ac- 
count of  the  proceedings  of  such  board  of  trustees  and  of  the 
teachers  of  such  city,  when  acting  upon  patters  with  relation 
to  said  fund,  and  to  turn  over  to  his  or  her  successor  all  books 
and  papers  pertaining  to  such  office.  The  superintendent  of 
schools  of  such  city  shall  act  as  assistant  treasurer,  and  it  shall 
be  his  duty  to  keep  a  true  and  accurate  statement  of  the  ac- 


MUNICIPAL  SCHOOLS— CITIES  OF  FIRST  CLASS  147 

count  of  each  member  with  said  annuity  fund,  to  collect  and 
turn  over  to  the  treasurer  of  said  board  all  moneys  belonging 
to  said  fund,  and  to  render  to  the  board  a  monthly  account  of 
his  doings.    He  shall  furnish  bond  in  such  amount  as  shall  be 
determined  and  required  by  said  board  of  trustees.     He  shall 
receive  no  compensation  for  attending  to  the  duties  of  his  of- 
fice as  assistant  treasurer  of  said  board,  but  the  trustees  may 
allow  to  him  annually  for  the  employment  of  clerical  assist- 
ance a  sum  not  to  exceed  two  hundred  dollars,  for  the  ex- 
penditures of  which  he  shall  account  by  full  statement,  with 
vouchers  which  shall  be  filed  with  his  annual  report  herein- 
after mentioned.     The  treasurer  of  the  board  of  education 
shall  be  ex-officio  the  treasurer  of  said  board  of  trustees,  and 
he  shall  receive  and  hold  all  moneys  belonging  to  such  teachers' 
annuity  fund;  he  shall  have  the  custody  of  all  notes,  bonds 
and  other  securities  belonging  to  said  fund,  and  shall  collect 
the  principal  and  interest  of  the  same  and  shall  be  liable  on 
his  bond  as  treasurer  of  the  board  of  education  for  the  per- 
formiance  of  all  duties  imposed  upon  him  by  this  act  and  for 
the  faithful  accounting  of  all  moneys  and  securities,  including 
both  principal  and  interest,  which  may  come  into  his  hands 
and  which  shall  belong  to  such  annuity  fund.     And  he  shall 
keep  a  separate  account  which  shall  show  at  all  times  the  true 
condition  of  such  fund.     Said  treasurer  shall,  upon  the  ex- 
piration of  his  term,  of  office,  account  to  said  board  for  all 
moneys,  notes,  bonds  and  other     securities  coming  into  his 
hands,  and  for  the  interest,  income,  profits,  rentals  and  pro- 
ceeds of  and  from  the  same,  and  he  shall  turn  over  to  his  suc- 
cessor all  moneys,  notes,  bonds  and  other  securities  belonging 
to  said  fund.     The  secretary,  treasurer  and  assistant  treasurer 
shall  each  make  a  full,  true  and  accurate  report  of  their  of- 
fices and  trusts  at  each  annual  meeting  of  such  teachers  in 
May  of  each  year.     Their  books  shall  at  all  times  be  open  to 
inspection  or  examination  by  any  m^ber  of  said  board  of 
trustees. 

(§  2978d-3  Ky.  St.)  Revenue— Board  to  Make  Rules  to 
Govern  Same.— Such  board  of  trustees  shall  have  full  charge 
and  control  of  the  teachers'  annuity  fund  of  such  city  with 


148  KENTUCKY  SCHOOL  LAWS  1922 

power  to  adopt  and  enforce  all  needful  regulations  governing 
the  same,  not  inconsistent  with  this  act.  Said  fund  shall  be 
derived  from  the  following  sources: 

First,  All  money  that  may  be  given  to  said  board  of  trus- 
tees or  to  said  fund  or  to  the  board  of  education  of  such  city, 
for  the  use  of  said  board  of  trustees  of  teachers'  annuity  fund, 
by  any  person  or  persons.  Such  board  of  trustees  may  take 
by  gift,  grant,  devise  or  bequest,  any  money,  choses  in  action, 
personal  property,  real  estate,  or  any  interest  therein,  and 
any  such  gift,  grant,  devise  or  bequest  may  be  absolute,  or 
upon  the  condition  that  only  the  rent,  profits  and  income  aris- 
ing from  the  same  shall  be  applied  to  the  uses  and  purposes  of 
said  fund.  Such  board  of  trustees  shall  be  authorized  to  take 
such  gift,  grant,  devise  or  bequest  under  and  by  the  style  of 
the  board  of  trustees  of  the  teachers'  annuity  fund,  of  such 
city,  and  to  hold  the  sarnie,  or  assign,  transfer  or  sell  the  same, 
whenever  proper  and  necessary,  under  and  by  such  name. 

Second,  Every  teacher  shall  be  assessed  upon  his  or  her 
salary  as  follows:  One  per  centum  per  annum  (but  not  more 
than  $10)  upon  the  salary  of  every  teacher  who  shall  not  have 
taught  in  excess  of  fifteen  (15)  years;  and  two  per  centum  per 
annum  (but  not  to  exceed  $20)  upon  the  salary  of  every  teach- 
er who  shall  have  taught  longer  than  fifteen  (15)  years:  Pro- 
vided, however,  That  such  assessment  shall  not  be  made  prior 
to  the  first  day  of  September,  1912.  And  the  assistant  treas- 
urer of  such  board  of  trustees  shall  prepare  a  roll  of  each  of 
said  assessments  and  place  opposite  the  name  of  every  teacher 
the  amount  of  assessment  against  him  or  her,  and  shall  furnish 
a  copy  of  such  roll  to  the  treasurer,  and  the  treasurer  of  said 
board  shall,  in  November  and  April  of  each  school  year,  de- 
duct and  retain  out  of  the  salary  going  to  such  teacher  the 
amount  of  such  assessment,  and  shall  give  him  or  her  credit 
for  the  same  and  place  the  same  to  the  credit  of  said  teachers' 
annuity  fund.  Every  teacher  of  such  city  receiving  a  salary 
of  four  hundred  and  fifty  dollars  ($450)  a  year  or  more  shall 
pay  such  assessment,  and  in  becoming  a  teacher  he  or  she 
shall  be  conclusively  deemed  to  undertake  and  agree  to  pay 


MUNICIPAL  SCHOOLS— CITIES  OP  FIRST  CLASS  149 

the  same,  and  to  have  such  assessment  deducted  from,  his  or 
her  salary  as  hereinbefore  provided. 

(§  2978d-4  Ky.  St.)  Revenue— Manner  of  Investment. 
— The  board  of  trustees  of  such  teachers'  annuity  fund  shall 
determine  what  part  of  said  fund  may  be  safely  invested,  and 
how  much  shall  be  retained  for  the  immediate  needs,  demands 
and  exigencies  of  said  fund.  Such  investment  shall  be  miade : 
(1)  In  interest-bearing  bonds  of  the  United  States,  or  in  any 
bond  lawfully  issued  by  the  State,  county,  city  or  other  muni- 
icpal  corporation;  (2)  loans  secured  by  mortgage  upon  real 
estate  within  the  county  wherein  such  city  is  located,  which 
loans  shall  not  be  in  excess  of  fifty  per  centum  of  the  apprais- 
ed value  of  such  real  estate;  (3)  in  interest-bearing  deposits 
at  not  less  than  three  per  cent,  with  banks  or  trust  companies 
of  Louisville,  said  deposits  to  be  secured  to  their  full  amount 
with  interest,  by  securities  mentioned  in  classes  (1)  and  (2) 
of  this  section.  All  bonds,  mortgages  and  other  securities 
shall  be  deposited  with  and  remain  in  custody  of  the  treasurer 
of  said  board,  who  shall  collect  all  interest  due  thereon  and  all 
the  income  therefrom,  as  the  same  shall  become  due  and  pay- 
able. 

(§  2978d-5  Ky.  St.)  Sinking  Fund  to  be  Provided.— The 
board  of  trustees  of  such  teachers'  annuity  fund  shall  establish 
a  sinking  fund,  to  the  credit  of  which  shall  be  put  and  de- 
posited all  gifts,  grants,  devises  and  bequests,  and  the  unex- 
pended balance  regaining  at  the  expiration  of  each  fiscal  year. 
And  such  sinking  fund  shall  be  and  remain  a  permanent  fund, 
and  no  part  thereof  shall  be  expended  except  the  interest  and 
income  thereof  and  therefrom;  provided,  however,  that  one- 
half  of  the  am,ount  added  to  such  sinking  fund  during  any 
year  may  be  used,  if  necessary,  during  the  year  immediately 

following. 

(§  2978d-6  Ky.  St.)  Annuity  Fund— Manner  of  Distribu- 
tion.—Said  teachers'  annuity  fund  shall  be  used  and  devoted 
in  the  manner  and  for  the  purposes  following : 

First.  The  maximum;  annuity  to  be  paid  any  teacher 
shall  be  four  hundred  dollars  ($400)  per  annum,  which  amount 
shall  be  based  upon  a  service  of  forty  (40)  years  as  such  teach- 


150  KENTUCKY  SCHOOL  LAWS  1922 

er,  and  every  annuitant  and  beneficiary  of  said  fund  shall  be 
entitled  to  and  shall  receive  such  percentage  of  said  sum  of 
four  hundred  dollars  ($400)  as  the  number  of  years'  teaching 
of  said  pensioner  and  beneficiary  shall  bear  to  the  term  of 
forty  years,  subject,  however,  to  all  the  provisions  of  the  act. 

Second.  Any  aged,  infirm,,  diseased  or  disabled  teacher, 
who  is  now  or  hereafter  may  be,  teaching  in  the  public  schools 
of  such  city,  having  served  in  the  schools  of  said  city  as  such 
teacher  for  not  less  than  twenty  (20)  years  and  who  shall 
have  been  relieved  from  service  as  such  teacher  by  the  board 
of  education  upon  the  ground  of  his  or  her  infirmity,  disease 
or  disability,  shall  be  entitled  to  receive  a  disability  annuity; 
provided  said  board  of  trustees  shall  find  that  he  or  she  is  en- 
titled to  the  sam,e  by  reason  of  such  age,  disease,  infirmity  or 
disability,  and  after  such  applicant  for  an  annuity  shall  have 
been  examined  by  a  physician  selected  for  such  purpose  by 
said  board  of  trustees,  the  examination  fee  or  charge  of  such 
physician  to  be  paid  by  the  applicant. 

Third.  Any  teacher  who  is  now  or  hereafter  may  be 
teaching  in  the  public  schools  of  such  city,  and  shall  have 
taught  for  not  less,  than  thirty  (30)  years  may  be  granted  an 
annuity  upon  application  to  said  board  of  trustees,  or  may  be 
granted  an  annuity  by  such  board  without  such  application 
and  shall  thereafter  receive  an  annuity  during  the  remainder 
of  his  or  her  life,  subject,  however,  to  all  the  conditions  in  this 
act:  Provided,  however,  that  such  annuitants  shall  have  paid 
into  said  fund,  by  way  of  assessment  or  otherwise,  not  less 
than  the  whole  of  the  amount  to  which  he  or  she  shall  be  en- 
titled per  annum  as  an  annuitant.  And  in  order  to  make  up 
such  amount,  the  board  of  trustees  may  order  the  treasurer  to 
deduct  one-nth  therefrom  in  each  of  the  first  five  years  from 
the  amount  of  such  annuity.  If  at  any  time  there  should 
not  be  sufficient  money  in  or  to  the  credit  of  said  teachers' 
annuity  fund  to  pay  all  claims  against  it  in  full,  then  in  such 
event,  an  equal  percentage  shall  be  paid  upon  all  such  cliamS 
to  the  full  extent  of  the  funds  on  hand,  until  such  annuity  fund 
shall  be  sufficient  to  pay  all  claims  against  it  in  full. 


MUNICIPAL  SCHOOLS— CITLES  OF  FIRST  CLASS  151 

(§  2978d-7  Ky.  St.)  Teachers  Entitled  to  Annuity  Fund. 
—In  commuting  years  of  jservice  as  provided  in  this  act,  the 
board  of  trustees  shall  not  include  service  as  a  public  school 
teacher  rendered  outside  of  such  city;  provided,  however, 
that  any  teacher  may  be  given  a  leave  of  absence  for  study, 
professional  improvement  or  temporary  disability,  not  exceed- 
ing one  year  at  any  one  time,  and  shall  be  regarded  as  a 
teacher  and  entitled  to  the  benefits  of  this  act:  Provided,  that 
during  such  absence  he  or  she  continues  to  pay  into  such  fund 
the  amount  of  assessment  payable  by  such  teacher  the  last  year 
preceding  such  leave  of  absence. 

(§  2978d-8  Ky.  St.)  Annuity  Fund  May  Be  Discon- 
tinued.—After  any  teacher  shall  have  been  granted  an  an- 
nuity by  reason  of  injury,  disability  or  disease,  the  board 
of  trustees  shall  have  the  right  at  any  time  to  cause  such 
teacher  again  to  be  brought  before  such  board  and  examined 
by  its  physician,  and  also  to  examine  other  witnesses,  for  the 
purpose  of  ascertaining  whether  said  injury,  disability  or  dis- 
ease shall  continue,  and  whether  such  teacher  shall  remain 
on  the  roll  as  an  annuitant.  Such  teacher  shall  be  entitled  to 
notice  and  to  be  present  at  the  hearing  of  any  such  evidence ; 
shall  be  permitted  to  propound  any  question  pertinent  or  re- 
levant to  such  miatter,  and  shall  also  have  the  right  to  intro- 
duce evidence  upon  his  or  her  own  behalf.  Such  teacher  and 
all  witnesses  shall  be  examined  under  oath  and  any  member 
of  such  board  of  trustees  is  hereby  authorized  and  empowered 
to  administer  such  oath.  The  decision  of  such  board  of  trus- 
tees shall  be  final  and  conclusive,  and  no  appeal  shall  be  al- 
lowed therefrom,  nor  shall  the  same  be  reviewable  by  any 
court  or  other  authority ;  provided,  however,  that  every  teach- 
er receiving  annuity  shall  report  to  the  superintendent  of  pub- 
lic schools  of  such  city  whenever  required  so  to  do.  And  said 
superintendent  may  assign  such  teacher  to  such  service  or  em- 
ployment as  may  be  within  his  or  her  power  to  perform,  in  the 
judgment  of  such  superintendent  of  public  schools  and  of  the 
examining  physician  employed  by  the  said  board  of  trustees. 
And  during  the  time  of  such  employment  such  teacher  shall 
receive  the  regular  salary  therefor,  which  shall  be  credited  to 


152  KENTUCKY  SCHOOL  LAWS  1922 

and  deducted  from  the  amount  payable  to  such  teacher  from 
said  annuity  fund.  And  should  any  teacher  who  is  receiving 
an  annuity  recover  from  his  or  her  injury,  disease  or  dis- 
ability, and  again  be  fit  for  regular  duty,  then  said  teacher 
mlay  again  be  regularly  employed,  and  during  the  time  of  such 
employment,  he  or  she  shall  cease  to  be  entitled  to  any  pay- 
ment out  of  said  annuity  fund  because  of  the  injury,  disease 
or  disability  on  account  of  which  such  teacher  was  originally 
retired. 

(§  2978b-9  Ky.  St.)  Teacher  May  Retire  on  Length  of 
Service  Without  Examination. — Any  teacher  applying  for  an 
annuity  by  reason  of  length  of  time  of  service  as  in  this  act 
provided,  shall  be  granted  an  annuity  and  retired  without  any 
medical  examination,  nor  need  he  or  she  be  under  any  physi- 
cal disability,  and  from  the  time  of  such  granting  of  annuity 
and  retirement  such  teacher  shall  not  be  required  to  render 
further  services  as  such  teacher,  nor  shall  he  or  she  be  de- 
prived of  the  benefits  herein  provided,  except  for  any  cause 
contained  in  a  previous;  -section  of  this  act. 

(§  2978b-10.)  Service  Before  Passage  of  Act  May  be 
Counted. — In  commuting  time  under  the  provisions  of  this 
act,  such  time  shall  include  services  rendered  before,  as  well 
as  after  the  taking  effect  of  this  act. 

Section  107.  (<§  2978b-ll  Ky.  St.)  Trustees— Power  to 
Make  Rules  and  By-Laws. — The  board  of  trustees  shall  have 
power  and  authority  to  make  all  necessary  by-laws  providing 
for  the  manner  of  the  election  of  such  trustees,  to  be  elected 
as  in  this  act  provided,  the  counting  and  canvassing  of  the 
votes  for  the  same,  their  meetings,  for  the  collection  of  all 
moneys  and  other  property  coming  or  belonging  to  said  fund, 
and  all  other  matters  connected  with  the  care,  preservation 
and  disbursement  of  the  same,  and  the  proper  execution  of 
the  purposes  and  provisions  of  this  act.  And  any  annuity 
authorized  by  the  board  under  this  law  shall  be  subject  to  re- 
duction by  said  board  of  trustees  whenever  in  its  judgment 
the  condition  of  the  annuity  fund,  the  financial  or  other  condi- 
tions of  the  annuitant  or  any  other  circumstances  render  such 
reduction  advisable,  proper  or  necessary,  and  any  annuity  so 


MUNICIPAL  SCHOOLS— CITIES  OF  FIRST  CLASS  153 

reduced  may  thereafter  be  restored  or  increased,  as  such  board 
may  deem  best. 

(§  2978b-12  Ky.  St.)  Annuity  Fund— One-half  May  be 
Returned  if  Teacher  Ceases  to  Teach. — (Any  teacher  who  shall 
cease  to  teach  in, the  public  schools  of  such  city  before  receiv- 
ing any  benefit  from,  the  fund,  shall  be  entitled  to  the  return 
of  one-half  of  the  am/ount,  without  interest,  which  shall  have 
been  paid  into  said  annuity  fund  by  such  teacher;  provided, 
however,  should  such  teacher  thereafter  again  teach  in  the 
public  school  of  such  city,  he  or  she  shall  refund  to  said  an- 
nuity fund  the  amount  so  returned  to  such  teacher  within  one 
year  from  the  date  of  his  or  her  return  to  service  in  the 
schools.  And  should  any  teacher  die  before  receiving  any  of 
the  benefits  of  pensions  by  this  act  provided,  the  board  of  trus- 
tees shall  pay  to  such  teacher's  heirs  or  estate,  or  either  or 
any  of  them,  as  it  shall  see  fit,  one-half  the  amount,  without 
interest,  wjiicjh.  shall  have  been  paid  into  said  annuity  fund 
by  said  teacher. 

($  2978b-13  Ky.  St.)  Annuities  to  be  Paid  by  Treasurer 
— Time  of  Payment. — All  annuities  herein  provided  for  shall 
be  paid  to  the  treasurer  of  the  board  of  education  at  his  office 
at  such  ti^es  and  in  such  installments  as  the  trustees  may 
determine,  provided  that  not  less  than  one-third  of  each  an- 
nuity or  percentage  thereof  shall  be  paid  before  December 
15th,  and  the  balance  not  later  than  June  1st  of  each  scholas- 
tic year.  Provided,  further,  that  no  annuity  of  any  kind 
whatsoever  provided  for  in  this  act  shall  be  payable  prior 
to  October  1,  1915;  but  simple  interest  at  six  per  cent  per  an- 
num shall,  until  said  date,  run  on  any  annuity  beginning  with 
e  1st  of  June  of  the  scholastic  year  in  which  the  right  there- 
may  accrue. 

(§  2978d-14  Ky.  St.)  Annuities  Not  Subject  to  Debt.— 
1  annuities  granted  and  payable  out  of  said  teachers'  an- 
nuity fund  shall  be  and  are  exempt  from  seizure  or  levy  upon 
attachment,  execution,  supplemental  process,  and  all  other 
process,  whether  mesne  or  final;  and  such  annuities  or  any 
ayr^ent  of  the  same  shall  not  be  subject  to  sale,  assignment 


, 


154  KENTUCKY  SCHOOL  LAWS  1922 

or  transfer  by  any  beneficiary,  and  such  transfer  shall  be  ab- 
solutely void. 

(§  2978d-15  Ky.  St.)  Annuity  Fund  May  be  Discontinued 
for  Certain  Causes. — Whenever  any  person  who  shall  have  re- 
ceived any  benefit  from  said  fund  shall  be  convicted  of  any 
felony,  or  of  any  misdemeanor  or  for  which  he  or  she  shall  be 
adjudged  to  be  imprisoned,  or  shall  fail  to  report  for  examina- 
tion for  duty  as  required  herein,  unless  excused  by  the  board 
of  trustees  of  such  city,  or  shall  disobey  the  requirements  of 
said  board  of  trustees  in  respect  to  said  examination  for  duty, 
or  shall  fail  to  perform  such  duty  as  may  be  required  of  him 
or  her  if  found  able  to  perform  such  duty,  then  such  board 
shall  order  that  the  annuity  allowed  and  paid  to  him  or  her 
shall  cease,  until  the  further  order  of  such  board. 

(§  2978d-16  Ky.  St.)  Teacher— Definition  of  Term.— The 
term  teacher  as  used  in  this  act  shall  mean  and  include  any 
principal,  assistant  principal,  supervisor,  assistant  supervisor, 
person  in  charge  of  any  special  department  of  instruction,  and 
any  teacher  or  instructor  regularly  employed  as  such  by  the 
board  of  education  of  such  city. 

(§  2978d-17  Ky.  St.)  Date  When  Annuity  May  be  Ap- 
plied For. — Annuities  may  be  applied  for  under  this  act  on  or 
after  December  1,  1912,  by  any  teacher  who,  after  the  ap- 
proval of  this  act,  shall  be  in  the  em'ploy  of  said  board  of  edu- 
cation and  be  entitled  to  an  annuity  under  the  terms  of  this 
act. 

(§  2978d-18  Ky.  St.)  Repealing  Clause.— The  general 
schools  laws  of  this  State,  and  all  laws  and  parts  of  laws  ap- 
plicable to  the  general  system  of  common  schools  in  a  city  of 
the  first  class  and  not  inconsistent  herewith,  shall  be  in  full 
force  and  effect  in  such  city. 


Chapter  XII. — Continued. 


MUNICIPAL    SCHOOLS— PUBLIC    SCHOOLS    IN    CITIES     OF     THE 
SECOND  CLASS 


Sec.  111. 


Sec.  112. 


Sec.  113. 


a. 
Sec.  114. 


Sec.  115. 
Sec.  116. 
Sec.  117. 


Sec.  118. 


Secretary  and  treasurer, 
how  selected—  business 
director  may  act  as  sec- 
retary or  other  selection 
may  be  made. 
Apportionment  oif  reve- 
nue —  power  to  borrow 
money. 

Tax  rate—  power   to  levy 
—annual    budget—  city    to 
collect      and      pay      over 
taxes   to   treasurer. 
Power   to   issue   bonds. 
School    fund     shall    con- 
sist of—  books  to  be  aud- 
ited annually. 
General   provisions. 
Reports  to  be  made. 
Teachers'     annuity    fund 
established  —  board        cre- 
ated—duties. 

Medical  examiners  to  be 
appointed  in  connection 
with—  powers  and  duties. 


Sec.  107.  Election  and  qualifica- 
tions of  board  members. 
a.  Powers  and  duties  of 
board. 

Sec.  108.  Powers  of  board  to  con- 
demn land. 

a.  Qualification  of  members 
— oath   of  office — no   com- 
pensation allowed. 

b.  Election  by  secret  ballot 
—how        nominated— duty 
of      clerk      in      printing- 
ballot — time    of    election. 

Sec.  109.    Vacancies,      how     filled— 

rules   and   by-laws, 
a.     Superintendent,       princi- 
pals,   teachers  and   other 
employees      to      be      ap- 
pointed. 

Sec.  110.  Business  director  may 
be  employed— duty,  sal- 
ary and  bond. 

Sec.  HOa.  Contracts  for  buildings 
and  additions  thereto, 
how  let— supplies,  how 
purchased. 

Section  107.  (§  3235a-l  Ky.  St.)  Board  of  Education 
Created. — Each  city  in  this  State  of  the  second  class,  together 
with  the  territory  now  within  its  limits,  or  which  miay,  in  the 
future,  be  included  by  any  change  in  these  limits,  shall  be  and 
constitute  a  single  school  district,  and  the  supervision  and  gov- 
ernment of  common  schools  and  common  school  property  there- 
in shall  be  vested  in  a  board  of  five  trustees  to  be  called  and 

known  as  the  "Board  of  Education  of , 

Kentucky,"  (in  which  title  the  name  of  such  city  shall  be  in- 
serted.) Such  board  of  education  shall  be  a  body  corporate 
and  shall  have  power,  by  and  in  said  name,  to  sue  and  be  sued, 
contract  and  be  contracted  with,  purchase,  receive,  hold  and 
sell  property,  do  all  things  necessary  to  accomplish  the  purpose 
for  the  attainment  of  which  such  school  district  is  organized, 
and  succeed  to  all  the  property,  property  rights  and  privileges, 
of  whatever  kind  or  nature,  granted  and  belonging  to  any  pre- 
vious corporation,  board  of  education  or  school  district  in  such 
city,  or  officers  thereof,  authorized  or  empowered  by  any  enact- 
ment of  the  General  Assembly  of  the  State  to  do  anything  in 
reference  to  public  education.  Provided,  that  all  pending  suits 
to  which  any  such  previous  corporation,  board  of  education  or 


156  KENTUCKY  SCHOOL  LAWS  1922 

school  district  or  officer  thereof,  is  a  party,  may  be  prosecuted 
to  an  end  in  the  name  of  such  party.  All  titles  to  property 
previously  granted  to  such  city  by  the  United  States,  or  this 
State  for  common  school  purposes,  and  the  title  to  all  school 
lands  and  other  property  of  every  kind,  shall  be  vested  in  the 
board  of  education  established  by  this  act. 

(§  3235a-2  Ky.  St.)  Powers  and  Duties  of  Board.— Every 
such  board  of  education  shall  have  general  and  supervising  con- 
trol, government  and  management  of  the  public  schools,  includ- 
ing kindergartens,  night  and  normal  schools  and  high  schools 
as  hereinafter  provided,  and  public  school  property  in  such 
city,  with  the  right  to  use  said  property  to  promote  public  edu- 
cation in  such  ways  as  it  may  deem  necessary  and  proper ;  shall 
exercise  generally  all  powers  in  the  administration  of  the  pub- 
lic school  system  therein,  appoint  such  officers,  agents  and  em- 
ployes as  it  may  deem  necessary  and  proper  and  fix  their  com- 
pensation and  term  of  office ;  shall  have  powder  to  fix  the  tim!e 
of  its  meetings,  to  mlake,  amend,  and  repeal  rules  and  by-laws 
for  its  meetings  and  proceedings,  for  the  governmentj^regula- 
tion  and  management  of  the  public  schools  and  school  property 
in  such  city,  for  the  transaction  of  its  business,  and  for  the  ex- 
amination, qualification  and  emiployment  of  teachers,  which 
rules  and  by-laws,  when  not  inconsistent  with  the  general  law's 
of  the  State,  shall  be  binding  on  such  board  of  education  and 
all  parties  dealing  with  it  until  formally  repealed  by  an  af- 
firmfative  vote  of  four  members  of  said  board;  to  provide  for 
special  and  standing  comtmittees;  to  provide  for  the  appoint- 
ment of  a  medical  inspector  for  the  schools  and  to  take  such 
other  steps  as  may  be  proper  and  necessary  to  secure  and  m'anr 
tain  the  physical  welfare  of  the  pupils  therein ;  to  certify  to  the 
general  council  or  the  board  of  commissioners  the  amiount  of 
mfoney  necessary  for  the  maintenance  and  improvement  of  the 
schools  as  hereinafter  provided,  and  to  purchase  and  hold  all 
property,  real  and  personal,  deemed  by  it  necessary  for  the  pur- 

Section  2525p-l.  Bonds  issued  by  the  board  of  education  of  a  city 
of  the  second  class  under  the  authority  of  the  Acts  of  1912,  Chapter  137. 
were  not  to  be  considered  in  determining-  whether  the  city  had  reached 
its  maximum  constitutional  debt  limit.  (Subsection  28.)  Coopin  and  the 
Citv  of  Covins-ton  v.  Board  of  Education  of  Oovindon,  155  Ky.  387. 

The  forty  cents  tax  limit  provided  for  in  subsection  26  of  this  act  does 
not  include  taxation  for  sinking  fund  purposes.  City  of  Newport  v.  Board 
of  Education,  159  Ky  379. 


MUNICIPAL  SCHOOLS—CITIES  OP  SECOND  CLASS         157 

poses  of  public  education,  or  for  the  investment  of  the  public 
school  funds,  to  build  and  construct  improvements  for  such 
purposes,  and  to  hold  or  sell  the  same.  To  aid  in  the  purchase 
of  real  estate  for  school  purposes,  the  board  may  acquire  said 
property  by  deed  with  purchase  money  lien  retained,  or  it  may 
mortgage  the  property  so  purchased  to  secure  a  balance  of 
purchase  money  or  to  raise  funds  with  which  to  effect  the  pur- 
chase and  may  refund,  renew  or  extend  any  encumbrance  on 
school  property  by  executing  a  new  mortgage  on  the  same 
property  for  a  less  amount. 

Section  108.     (§  3235a-3  Ky.  St.)     Real  Estate— Power  to 
Purchase  and  Condemn. — It  shall  also  have  power,  when  unable 
to  contract  with  the  owner  of  any  real  estate  necessary  to  the 
proper  accomplishment  of  the  purpose  for  which  said  board  is 
created,  to  institute  condemnation  proceedings  in  accordance 
with  the  law  governing  railroad  corporations  operated  or  incor- 
porated under  the  existing  laws  of  this  Commonwealth,  or  un- 
der laws  which  may  hereafter  be  enacted ;  and  to  have  in  such 
proceedings  the  game  rights,  powers,  privileges  and  restrictions 
are  now  granted  to  or  conferred  upon  such  railroad  corpora- 
ions.     Such  board  of  education  shall  have  all  the  powers  of 
>ther  scho'ol  districts  under  the  laws  of  this  State,  except  as 
lerein  provided. 

(§  3235a-4  Ky.  St.)  Qualification  of  Members.— No  per- 
>n  shall  be  eligible  to  the  office  of  member  of  the  board  of 
education  who  has  not  attained  the  'age  of  twenty-four  (24) 
''ears,  and  who  is  not  a  citizen  of  the  United  States,  and  who 
tas  not  been  such  citizen  for  at  least  three  years  preceding  his 
election,  and  a  resident  of  the  city  for  which  he  is  elected,  or 
rho  holds  or  discharges  any  office,  deputyship  or  agency  under 
the  city  or  county  of  his  residence ;  except  that  any  member  of 
lid  board,  or  any  existing  board,  shall  be  eligible  for  re-elec- 
tion ;  no  person  shall  be  eligible  to  this  office  who  at  the  time  of 
iis  election  is  directly  or  indirectly  interested  in  any  contract 
dth  or  claim  against  said  board,  or  who  is  directly  or  in- 
lirectly,  interested  in  the  sale  to  the  board  of  books,  stationery 
>r  other  property.  If,  at  any  time,  after  the  election  of  any 
lember  of  said  board,  he  shall  become  interested  in  any  such 


158  KENTUCKY  SCHOOL  LAWS  1922 

contract  wlith  or  claim  against  said  board,  or  if  he  shall,  after 
election,  become  a  candidate  for  any  office  or  agency  or  for 
the  nomination  thereto,  the  holding  and  the  discharging  of  the 
duties  of  which  would  have  rendered  him  ineligible  before  elec- 
tion, or  if  he  shall  move  his  residence  from  the  city  for  which 
he  was  chosen,  or  if  he  shall  do  or  incur  anything  which  would 
have  rendered  him  ineligible  for  election,  his  office  shall  with- 
out further  action  be  vacant,  and  it  shall  be  filled  as  herein 
directed.  Provided,  That  no  member  of  said  board  shall  vote 
regarding  the  appointment  or  employment  in  any  capacity  of 
any  person  related  to  said  member  as  father,  mother,  brother, 
sister,  husband,  wife,  son  or  daughter,  nor  shall  any  member 
of  said  board  hold  any  office  or  position  of  emolument  under  ap- 
pointment of  said  board. 

(§  3235a-5  Ky.  St.  Oath  of  Office.— Every  member  of 
said  board  shall,  before  assuming  the  duties  of  his  office, 
qualify  by  taking  the  following  oath,  which  shall  be  kept  on 
record  in  such  board : 

STATE  OF  KENTUCKY^ 

COUNTY  OF 

,  being  duly  sworn,  says  that 

he  is  eligible  under  the  law  to  serve  as  a  member  of  the  board 
of  education,  and  that  he  will  not,  while  serving  as  a  member 
of  such  board,  become  interested  directly  or  indirectly  in  any 
contract  with  or  claim  against  said  board,  and  that  he  will 
not  be  influenced  during  his  term  of  office  by  any  considera- 
tion except  that  of  m|erit  ,or  fitness  in  the  appointment  of  of- 
ficers or  engagement  of  employees,  and  that  he  will  support 
the  Constitution  of  the  United  States  and  of  this  State  and 
faithfully  perform  the  duties  of  his  office. 


Sworn  to  and  subscribed  before  me  this. 
day  of 


(§  3235a-6  Ky.  St.)     Compensation — Manner  of  Election. 

— No  compensation  shall  be  paid  to  the  members  of  the  board, 
but  they  shall  be  'exempt  from  jury  duty  and  from  service  as 
election  officers  during  their  term  of  office. 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND  CLASS         159 

(§  3235a-7  Ky.  St.)  Manner  of  Election. — The  members 
of  said  board  ef  education  shall  be  elected  from;  the  city  at 
large  for  the  term;  of  four  years,  except  as  specified  in  sec- 
tions 485  and  487  herein,  by  the  legal  voters  of  such  city.  They 
shall  be  elected  from  the  city  at  large  without  reference  to 
wards  or  other  territorial  sub-divisions,  and  such  election  shall 
be  held  under  the  provisions  of  the  general  laws  governing 
city  elections,  so  far  as  they  are  not  inconsistent  with  the 
provisions  of  this  act. 

(§  3235a-8  Ky.  St.)  Election  by  Secret  Ballot— Petition 
to  Nominate. — All  elections  for  members  of  the  board  of  edu- 
cation shall  be  by  secret  ballot.  Said  ballot  shall  be  on  a 
separate  sheet  from?  all  other  ballots  to  be  used  in  any  elec- 
tion. It  shall  be  the  duty  of  the  county  clerk  of  any  county, 
in  which  a  city  of  the  second  class  is  situated,  to  cause  to  be 
printed  on  said  ballot  the  names  of  all  candidates  for  mem- 
bership of  the  board  of  education  of  such  city,  in  whose  behalf 
he  may  be  petitioned  so  to  do  in  writing,  by  not  less  than  one 
hundred  legal  voters  of  such  city.  The  petition  mlust  be  filed 
in  the  office  of  the  county  clerk  not  more  than  sixty  and  not 
less  than  fifteen  days  before  the  day  of  election,  and  'each  peti- 
tion mlust  be  signed  by  the  requisite  number  of  qualified  per- 
sons and  shall  show  the  place  of  residence  of  each  person  sign- 
ing it,  and  no  person  shall  sign  more  petitions  than  the  num- 
ber of  offices  to  be  filled.  If  the  nomination  is  to  fill  a 
vacancy,  the  petition  shall  so  state.  When  the  sarnie  person 
shall  be  nominated  for  a  full  term!  and  to  fill  a  vacancy,  he 
shall  be  accepted  as  a  candidate  for  the  full  term. 

Said  ballot  shall  be  in  the  form  prescribed  for  ballots  by 
the  general  election  law  of  the  State,  except  that  no 
party  emjblepni  or  other  emblem  or  distinguishing 
mark  shall  be  placed  upon  said  ballot,  save  the  words 
"  SCHOOL  TICKET"  at  the  head  thereof;  and  that  the  names 
of  all  candidates  for  membership  in  the  board  of  education 
shall  be  printed  on  said  ballot  in  a  single  column.  The  nam'es 
shall  be  printed  on  the  first  fifty  ballots  as  arranged  in  alpha- 
betical list.  On  each  of  the  succeeding  fifty  ballots  the  names 
shall  be  printed  in  the  same  order,  save  that  the  last  name  on 


160  KENTUCKY  SCHOOL  LAWS  1922 

the  preceding  fifty  ballots  shall  be  shifted  to  the  first  place ;  . 
and  so  on  thereafter  throughout,  a  like  change  being  made  in 
the  printed  order  of  names  for  every  fifty  ballots  and  such  bal- 
lots shall  be  so  bound  that  in  the  book  of  ballots  for  each  vot- 
ing precinct  each  candidate's  name  will  appear  first  on  ap- 
proximjately  the  same  number  of  ballots  as  that  of  every  other 
candidate.  As  mjany  additional  lines  shall  be  left  blank  as 
there  are  members  to  be  elected. 

The  provisions  of  the  general  election  law  of  the  State  of 
Kentucky  as  to  the  duties  of  county  clerks  and  other  public 
officers  in  the  matter  of  printing  and  distributing  ballots,  of 
issuing  themj  to  voters,  of  receiving  and  depositing  them  in 
ballot  boxes  and  of  counting  and  preserving  them,  and  in 
other  particulars  except  as  otherwise  provided  herein,  shall  be 
applicable  in  all  respects  to  the  election  of  members  of  the 
board  of  education :  Provided,  That  it  shall  be  the  duty  of  the 
sheriff  of  each  county  in  which  a  city  of  the  second  class  is 
situated,  to  provide  for  each  precinct  in  said  city  a  separate  box 
for  the  reception  of  the  ballots  used  in  the  election  of  members 
of  the  board  of  education.  And  provided,  further,  that  it 
shall  be  the  duty  of  the  judge  of  election  of  the  opposite  po- 
litical faith  to  the  clerk  of  election  in  each  precinct  to  issue  the 
school  ballots  in  the  same  manner  as  other  ballots  are  issued 
by  the  clerk  of  election,  by  writing  the  name  and  residence  of 
the  voter  upon  the  primiary  stub,  and  his  registered  number 
upon  the  secondary  stub  of  the  school  ballot,  and  by  observ- 
ing, as  to  these  ballots,  such  other  regulations  for  the  issue  and 
deposit  of  ballots  as  may  be  prescribed  for  elections  generally. 
It  shall  be  unlawful  for  an  election  officer  or  other  person 
within  the  election  booth  to  tell  or  to  indicate  by  word  of 
mouth  or  otherwise  to  a  voter  what  may  be  the  political  af- 
filiations of  any  candidate,  and  a  violation  of  this  provision 
shall  be  a  mlisdemeanor  punishable  by  a  fine  not  exceeding  two 
hundred  dollars.  And  provided,  further,  that  upon  the  filing 
with  the  county  judge  of  the  county  Wherein  a  city  of  the  sec- 
ond class  is  situated  of  a  petition  signed  by  a  number  of  legal 
voters  equal  to  twenty  per  cent  or  more  of  the  total  number  of 
votes  cast  in  said  city  at  the  last  preceding  election  at  which 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND  CLASS         1«1 

presidential  electors  were  voted  for,  requesting  that  the  elec- 
tion of  members  of  the  board  of  education  in  said  city  be  held 
on  a  day  other  than  the  day  for  holding  the  general  election 
therein,  said  county  judge  shall  make  an  order  designating 
sqme  day  for  the  election  of  members  of  the  board  of  educa- 
tion in  said  city,  which  day  shall  be  not  less  than  ninety  nor 
more  than  one  hundred  and  twenty  days  after  the  date  where- 
on said  orders  shall  have  been  entered.  Whenever  such  order 
shall  have  been  entered  by  said  court,  the  day  so  designated 
by  him  shall  thereafter  continue,  unless  changed  by  order  of 
the  court  as  herein  provided,  to  be  the  day  for  the  holding 
elections  for  members  of  the  board  of  education,  and  all  the 
provisions  of  this  act  and  of  the  general  law  regulating  elec- 
tions in  this  Commonwealth,  when  not  otherwise  inconsistent, 
shall  apply  to  and  govern  said  elections,  except  that  it  shall 
be  the  duty  of  the  clerk  of  said  election  to  issue  said  ballots 
in  said  separate  elections  in  the  same  manner  as  other  ballots 
are  issued  by  him  in  general  elections.  Said  petition  to  be 
filed  with  the  county  court,  as  aforesaid,  shall  be  filed  not  later 
than  the  1st  day  of  September  of  the  regular  year  or  years  for 
holding  said  elections,  beginning  with  the  year  1912,  and  shall 
show  the  place  of  residence  of  each  person  signing  it,  and  the 
order  of  the  county  judge  in  reference  thereto  shall  be  entered 
within  fifteen  days  after  the  filing  of  same.  The  expense  of 
holding  said  separate  elections,  if  ordered,  as  aforesaid,  shall 
be  paid  for  by  the  city  wherein  same  shall  be  held  out  of  its 
general  funds. 

(§  3235a-9  Ky.  St.)  Number  of  Candidates  to  be  Voted 
for. — Each  voter  may  vote  for  as  many  of  said  candidates  as 
there  are  memlbers  to  be  elected,  by  making  a  cross  in  the 
square  opposite  the  name  of  each  candidate  for  whom  he 
wishes  to  vote.  The  candidates,  in  nuniber  equal  to  the  num- 
ber to  be  chosen,  who  have  the  highest  number  of  votes,  shall 
be  declared  elected.  If  at  any  election  a  member  is  to  be 
chosen  to  fill  a  vacancy  and  to  serve  out  an  unexpired  term, 
candidates  may  be  chosen  as  above  provided,  but  they  shall, 
in  all  cases,  be  designated  on  the  ballot  as  candidates  to  fill  a 

rancy,  and  the  date  of  the  unexpired  term  shall  be  stated. 
S.  L.— 6 


162  KENTUCKY  SCHOOL  LAWS  1922 

(§  3235a-10  Ky.  St.)  Time  of  Election.— At  the  election 
occurring  in  the  month  of  November,  1912,  or  on  such  date  as 
may  be  fixed  in  1912  by  order  of  the  county  court  according 
to  the  provisions  of  section  485  of  this  law,  five  members  of 
the  board  of  education  shall  be  elected  as  herein  provided. 
After  having  qualified  by 'taking  the  oath  prescribed  by  law, 
they  shall  assume  office  on  the  first  Monday  in  January,  1913, 
and  shall  rn^et  at  the  office  of  the  present  board  of  education 
of  said  city  on  said  day  and  shall  proceed  to  organize  by  elect- 
ing one  of  their  number  president,  and  another  vice-president. 
Within  one  week  after  the  organization  of  said  board,  it  shall 
m'eet  to  divide  its  members  by  lot  in  such  manner  as  they  shall 
determine  into  two  classes,as  follows :  The  first  class  consisting 
of  two  m'emfaers  shall  hold  office  through  the  31st  day  of  De- 
cember, 1914;  the  second  class,  consisting  of  three  members, 
shall  hold  office  through  the  31st  day  of  December,  1916.  At 
the  election  of  1914,  and  at  each  regular  election  held  in  each 
even  numbered  year  thereafter,  members  shall  be  elected  as 
hereinbefore  provided  to  take  the  place  of  those  whose  terms 
will  next  expire,  and  the  members  so  chosen  shall  hold  office 
for  four  years,  or  until  their  successors  are  elected  and  quali- 
fied. At  its  first  regular  nieeting  after  the  first  day  of  January 
in  each  year  following  said  regular  election,  said  board  of 
education  shall  organize  by  electing  one  of  its  members  pres- 
ident and  another  vice-president.  The  board  shall  hold  meet- 
ings regularly  at  least  once  a  month,  and  shall  keep  a  correct 
record  of  its  proceedings  in  a  book  provided  for  that  purpose, 
which  shall  be  a  public  record  open  to  inspection  by  any  of- 
ficer or  citizen  of  the  city. 

Section  109.  (§  3235a-li  Ky.  St.)  Members^-Failure  to 
Attend  Meetings  of  Board. — Any  member  failing  to  attend  the 
meetings  of  the  board  for  three  consecutive  regular  meetings, 
unless  excused  by  the  board  for  reasons  satisfactory  to  the 
board,  shall  be  deeded  to  have  vacated  his  seat. 

(§  3235a-12  Ky.  St.)  Vacancy— How  Filled.— Any  va- 
cancy in  said  board,  from  whatever  cause  occurring,  shall  be 
temporarily  filled  by  the  other  menibers  of  the  board  as  soon 
as  practicable  after  such  vacancy  occurs.  The  member  so 


* 


' 


MUNICIPAL  SCHOOLS— CITIES  OP  SECOND  CLASS         LS3 

chosen  shall  hold  office  until  his  successor  is  elected  and  quali- 
fied subject  to  the  provisions  of  section  152  of  the  Constitu- 
tion of  Kentucky. 

(§  3235a-13  Ky.  St.)  Old  Board  to  Surrender  Office.— 
When  m,emjbers  of  the  board  of  education  shall  have  been 
elected,  shall  have  qualified,  and  shall  have  organized  as  here- 
inbefore provided,  thereupon  it  shall  become  the  duty  of  any 
then  existing  corporations,  or  board  of  education,  or  officers 
of  the  school  districts  of  such  city  to  surrender  their  offices, 
and  to  deliver  to  said  board  of  education,  or  to  its  officers, 
agents  or  employees,  all  the  public  school  property,  both  real 
and  personal,  of  every  kind  whatsoever,  and  the  control  and 
management  of  the  public  school  affairs  of  such  city.  Pro- 
vided, that  until  such  board  of  education  shall  be  organized, 
the  administration  of  the  public  schools  and  the  management 
of  school  property  in  such  city  shall  remain  in  the  control  of 
any  such  existing  corporation,  board  of  education  or  officers 
of  the  school  district,  in  the  same  m-anner  and  with  the  same 
power  as  existed  prior  to  the  passage  of  this  act ;  and  the  board 
of  education  elected  under  this  act  shall  continue,  subject  to 
removal  for  cause,  the  employment  anl  service  of  any  exist- 
ing officers,  teachers,  agents  or  other  employees,  in  their 
several  capacities  in  connection  with  the  administration  of 
school  affairs,  until  the  close  of  the  term  for  which  they  have 
been  elected;  and  said  board  of  education  may  thereafter  re- 
tain without  examination,  or  remove  any  agents,  teachers, 
janitors,  engineers,  or  other  employees  then  rendering  service 
in  connection  with  the  public  schools  of  said  city  for  cause  to 

e  stated  in  writing. 

All  rules  and  by-laws  made  by  any  existing  corporation, 
board  of  education  or  officers  of  the  school  district,  at  such 
tinue  vested  in  such  city  with  the  management  of  the  public 
schools  shall  continue  in  force,  so  far  as  consistent  with  this 
act,  until  repealed  or  altered  by  such  board  of  education. 

(§  3235a-14  Ky.  St.)  Rules  and  By-Laws  May  be  Adopt- 
ed.— It  shall  be  the  duty  of  said  board  of  education,  within 
sixty  days  after  its  organization,  to  adopt  rules  and  by-laws 

!or  its  meetings  and  proceedings,  and  for  the  government, 


164  KENTUCKY  SCHOOL  LAWS  1922 

regulation  and  management  of  the  schools  and  school  prop- 
erty, and  for  the  examination,  qualification  and  employment 
of  teachers.  And  such  rules  or  by-laws  mtay  be  changed,  al- 
tered or  set  aside,  only  upon  an  affirmative  vote  of  four  (4) 
members  of  the  board. 

(§  3235a-15  Ky.  St.)  Superintendent— Power  to  Appoint 
— Qualifications. — The  board  of  education  shall  appoint  a 
superintendent  of  schools,  whose  term  of  office  shall  begin  on 
July  1st,  following  his  appointment  and  who  shall  serve  for  a 
term  of  two  years,  but  whenever  a  superintendent  who  shall 
have  served  two  years  after  the  appointment  which  is  to  be 
miade  under  this  law  shall  be  appointed  to  succeed  himself, 
his  reappointment  shall  be  for  a  term  of  four  years.  He  may 
be  removed  by  three  (3)  mlembers  of  the  board  for  cause,  or  at 
and  time  by  (4)  members  of  the  board  and  the  vacancy  thus 
created  shall  be  filled  by  the  board  only  until  the  first  day  of 
July  followiing,  when  the  temporary  incumbent  or  some  other 
person  shall  be  appointed  for  a  first  term;  of  two  years  as  here- 
inbefore provided.  The  board  of  education  may,  on  the 
nomination  of  the  superintendent  of  schools,  appoint  as  many 
assistant  superintendents  as  it  mlay  deem  necessary,  whose 
compensation  shall  be  fixed  by  the  board,  and  who  may  be  re 
m-oved  for  cause  by  the  superintendent  with  the  approval  of 
the  board. 

The  superintendent  of  schools  shall  qualify  by  taking  the 
oath  prescribed  by  law,  and  shall  have  general  supervision, 
subject  to  the  control  of  the  board,  of  the  course  of  instruc- 
tion, discipline  and  conduct  of  the  schools,  text  books  and 
studies;  and  all  appointments,  promotions  and  transfers  of 
teachers  and  truant  officers,  and  introduction  and  changes  of 
text  books  and  apparatus,  shall  be  made  only  upon  the  recom- 
mendation of  the  superintendent  and  the  approval  of  the 
board.  The  superintendent  shall  have  power  to  suspend  any 
teacher  or  truant  officer  for  cause  deemed  by  him  sufficient, 
and  the  board  of  education  shall  take  such  action  upon  the  re- 
storation or  remjoval  of  such  person  as  it  may  deem  proper. 
All  appointments  and  promotions  of  teachers  shall  be  mlade 
upon  the  basis  of  merit,  to  be  ascertained  as  far  as  practicable, 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND  CLASS         165 

m  cases  of  appointment,  by  examination,  and  in  cases  of  pro- 
motion, by  length  and  character  of  service.  Examination  for 
appointment  shall  be  conducted  by  the  superintendent  in  ac- 
cordance with  the  State  law  for  the  certification  of  teachers 
and  under  such  other  regulations  as  may  be  miade  by  the  board. 
The  superintendent  of  schools  shall  devote  himself  exclusively 
to  the  duties  of  his  office,  and  shall  have  power  to  appoint 
clerks,  whose  number  and  salary  shall  be  fixed  by  the  board, 
and  shall  have  power  to  remove  the  same ;  shall  exercise  a  gen- 
eral supervision  over  the  schools  of  the  city,  examine  their 
conditions  and  progress,  and  shall  keep  himself  informed  of 
the  progress  of  education  in  other  cities.  He  shall  advise  him- 
self of  the  need  of  extension  of  the  school  system  of  the  city, 
shall  make  report  from  time  to  tinie  as  may  be  fixed  by  the 
rules  or  directed  by  the  board  and  shall  be  responsible  to  the 
board  for  the  condition  of  the  instruction  and  discipline  of  the 
schools.  The  term  '/teachers"  as  used  therein  shall  include 
supervisors,  supervising  principals  and  principals. 

Section  110.  (§  3235a-16  Ky.  St.)  Business  Director- 
Powers  and  Duties, — The  board  of  education  may  appoint  a 
business  director  whose  term  of  office  shall  begin  on  July  1st 
following  his  appointment,  and  who  shall  serve  for  a  term  of 
one,  year;  but  whenever  a  business  director  wjio  shall  have 
served  for  one  year  "after  the  appointment  which  is  to  be  made 
under  this  law,  shall  be  re-appointed  to  succeed  himself,  his 
re-appointmient  shall  be  for  a  term  of  four  years.  He  may  be 
removed  for  cause  by  a  vote  of  three  members  of  the  board, 
or  at  any  time  by  a  vote  of  four  members  of  the  board.  His 
compensation  shall  not  be  changed  during  the  term  for  which 
he  is  elected.  The  business  director  shall  qualify  by  taking 
the  prescribed  oath,  and  shall  be  the  executive  officer  of  the 
board.  He  shall  execute  for  the  board  of  education,  in  the 
name  of  the  board,  its  contracts  and  obligations,  except  that 
bonds  issued  shall  be  signed  by  the  president  of  the  board  and 
attested  by  the  business  director ;  he  shall  see  that  all  contracts 
miade  by  or  with  said  board  are  fully  and  faithfully  perforni- 
ed;  he  shall  have  the  care  and  custody  of  all  property  of  the 
board  of  education,  real  and  personal,  except  moneys ;  he  shall 


166  KENTUCKY  SCHOOL  LAWS  1922 

oversee  the  construction  of  buildings  in  process  of  erection 
and  repairs  of  buildings  owned  or  controlled  by  the  board; 
shall  advertise  for  bids,  and  shall  purchase  all  supplies  and 
equipments  authorized  by  the  board;  and  generally,  shall  exe- 
cute and  carry  into  effect  all  matters  and  things,  authority  for 
which  shall  have  been  granted  by  the  board,  as  herein  pro- 
vided. 

(§  3235a-17  Ky.  St.)  Business  Director— Salary— Bond.— 
The  business  director  shall  devote  his  entire  time  to  the  duties 
of  his  office,  and  shall  receive  an  annual  salary  to  be  fixed  by 
the  board  and  payable  monthly  out  of  the  school  fund  of  the 
city.  Before  entering  upon  the  discharge  of  the  duties  of  his 
office  he  shall  give  a  bond  for  the  faithful  performance  thereof 
in  a  sum  to  be  fixed  by  the  board,  with  a  bonding  company  as 
surety,  to  be  approved  by  the  board,  which  bond  shall  be  paid 
for  by  the  board  and  deposited  with  the  treasurer  within  ten 
days  from  date  of  election,  to  be  preserved  by  him. 

(§  3235a-18  Ky.  St.)  Employees— To  be  Employed  by 
Business  Director. — Subject  to  the  approval  of  the  board  of 
education  as  to  the  number  and  salaries,  the  business  director 
shall  have  power  to  appoint  such  engineers,  janitors  and  other 
employees  and  agents,  as  may  be  necessary  for  the  proper  per- 
formance of  the  duties  of  his  department,  for  whom  he  shall 
be  responsible,  and  whom  he  shall  have  power  to  remove.  He 
shall  appoint  such  assistants  and  deputies  as  may  be  author- 
ized by  the  board  of  education,  whose  compensation  shall  be 
fixed  by  the  board.  Such  assistants  and  deputies  shall  be  sub- 
ject to  removal  by  the  business  director,  who  shall  be  respon- 
sible for  the  proper  performance  of  their  duties.  He  shall  per- 
form such  other  duties  as  may  be  required  of  him,  by  the 
board. 

Section  HOa.  (§  3235a-19  Ky.  St.)  Contracts  for  Build- 
ings—Bids to  be  Received.— All  contracts  for  the  erection  of 
school  buildings  and  additions  thereto  shall  be  m&de  by  said 
board  of  education,  after  public  letting,  to  the  lowest  and  best 
responsible  bidder  complying  With  the  terms  of  the  'lotting, 
but  it  may  reject  all  bids.  The  necessary  specifications  anc 
drawings  shall  be  prepared  for  all  such  work,  and  bids  there- 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND  CLASS         167 

for  shall  be  solicited  by  such  advertisement  as  the  board  of 
education  may  provide.  All  work  of  repairs,  alterations  and 
construction,  other  than  said  original  erections  and  additions, 
in  and  upon  school  buildings  and  the  grounds  adjacent  there- 
to, shall  be  done  directly  by  the  business  director,  subject  to 
the  approval  and  control  of  the  board,  and  whenever  directed 
to  do  so  by  said  board,  he  shall  solicit  bids  and  prepare  or 
secure  drawings  and  specifications  therefor. 

No  bids  shall  be  entertained  by  the  business  director 
which  are  not  made  in  accordance  with  the  specifications  fur- 
nished by  him,  and  all  contracts  shall  be  let  to  the  lowest  and 
best  responsible  bidder  complying  with  the  terms  of  the  let- 
ting: Provided,  however,  that  the  said  business  director  shall 
have  the  right  to  reject  any  and  all  bids. 

(§  3235a-20  Ky.  St.)  Supplies— Contract  to  be  Awarded 
Lowest  Bidder. — The  board  of  education  shall,  at  or  prior  to 
the  beginning  of  each  fiscal  year,  cause  advertisements  to  be 
made  under  such  regulations  as  it  may  provide,  for  proposals 
for  furnishing  the  supplies,  required  in  the  schools  and  by  the 
board  for  the  ensuing  year ;  and  every  contract  therefor  shall 
be  awarded  to  the  lowest  and  best  responsible  bidder  comply- 
ing with  the  ternis  of  the  letting:  Provided,  however,  that 
said  board  shall  have  the  right  to  reject  any  and  all  bids.  If 
other  supplies  are  required  during  the  year  they  shall  be 
furnished  under  contract  awarded  in  like  manner;  but  the 
board  may  authorize  the  purchase  of  supplies  not  exceeding 
fifty  dollars  in  amount  without  letting  a  contract.  The  board 
shall  miake  distribution  of  supplies  through  such  agencies  and 
in  such  manner  as  it  deems  proper,  and  the  board  may  con- 
tract for  text  books  or  school  apparatus  for  such  term  of  years 
as  it  deems  proper,  provided  this  term  does  not  exceed  four 
years. 

Section  111.  (§  3235a-21  Ky.  St.)  Business  Director  to 
as  Secretary — Custodian  of  Funds. — The  business  director 
shall  also  act  as  secretary  of  the  board,  and  as  such,  he  shall, 
subject  to  the  control  of  the  board,  inspect  regularly  the  fiscal 
affairs  of  the  public  schools  of  the  city,  and  shall  have  charge 
of  the  collection  and  payment  of  funds  to  the  bank  and  trust 


168  KENTUCKY  SCHOOL  LAWS  1922 

company  selected  as  the  treasurer  of  the  board,  and  the  dis- 
bursement of  all  revenues  and  moneys  belonging  to  the  board. 
He  shall  have  supervision  under  the  direction  of  the  board,  of 
any  permanent  school  fund  of  the  city,  and  the  investment 
thereof,  and  all  invested  property  of  the  board.  He  shall  record 
the  proceedings  of  the  board  in  such  manner  as  may  be  direct- 
ed by  the  board  and  shall-  deposit  daily  in  the  designated  de- 
pository of  the  board  all  money  collected  or  received  by  him 
£or  the  board.  He  shall  furnish,  at  the  beginning  of  each 
mionth,  a  statement  of  receipts  and  disbursements  of  the  pre- 
ceding month ;  and  at  the  end  of  the  fiscal  year  he  shall  make 
to  the  board  a  full  and  comprehensive  report  of  its  financial 
affairs  for  the  preceding  year.  He  shall  be  the  custodian  of 
all  securities,  documents,  title  papers,  books  of  record  and 
other  papers  belonging  to  the  board,  under  such  conditions  as 
the  board  may  direct.  It  shall  be  his  duty  to  see  that  no 
liability  is  incurred  or  expenditure  made  without  due  authority 
of  law,  and  that  appropriations  are  not  overdrawn,  and  that 
all  expenditures  are  charged  to  the  appropriations  from  which 
they  should  come. 

(§  3235a-22  Ky.  St.)  The  board  may,  if  it  prefer,  con- 
tract with  the  city  within  which  it  operates,  to  act  as  its  treas- 
urer for  such  time  not  exceeding  four  years  and  upon  such 
termjs  as  said  board  and  the  governing  authorities  of  said  city 
may  agree. 

If  the  board  of  education  desires  a  bank  or  trust  company 
to  act  as  its  treasurer,  it  may  by  resolution  fix  the  term,  which 
shall  be  not  less  than  one  nor  longer  than  four  years,  for  which 
it  shall  so  act,  and  may  then  advertise  for  bids  from  the  banks 
and  trust  companies  for  the  best  terms  upon  which  they  will 
act  as  treasurer,  and  receive  and  safely  keep  the  deposits  of 
the  board.  The  bids  shall  specify  the  rate  of  interest,  if  any, 
to  be  allowfed  the  board  upon  its  deposits  and  the  terms,  if 
any,  upon  which  same  will  be  allowed,  and  the  rate  of  interest, 
if  any,  to  be  charged  for  loans,  and  the  terms  upon  which  same 
will  be  made,  and  the  nature  of  the  security  offered  by  the  bid- 
der on  its  bond. 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND-CLASS         1«9 

That  bids  shall  be  accepted  from  which  the  board  will 
realize  the  most  money,  considering  the  interest  to  be  allowed 
en  deposits  and  to  be  paid  on  loans,  if  the  bid  is  otherwise 
satisfactory,  and  the  board  shall  have  power  to  reject  any  and 
all  bids. 

The  board  shall  then  enter  into  a  contract  and  bond  with 
the  successful  bidder  to  act  as  treasurer  for  the  term  so  fixed, 
the  amount  of  said  bond  to  be  fixed  and  the  surety  approved 
by  the  board. 

In  letting  and  contracting  for  its  treasurership,  it  may  do 
so  jointly  with  the  city  within  which*  it  operates,  or  separ- 
ately, as  it  prefers. 

All  moneys  due  the  board  shall  be  paid  to  the  business 
director  and  by  him  deposited  daily  with  the  treasurer  so  de- 
signated. 

(§  3235a-23     Ky.     St.)     Funds— How     Expended.— The 

funds  of  the  board  deposited  in  bank  shall  be  withdrawn  only 
on  the  order  of  the  board  evidenced  by  the  check  of  its  busi- 
ness director,  countersigned  by  the  president  of  the  board,  or, 
in  his  absence  or  disability,  by  the  vice-president. 

Section  112.  (§  3235a-24  Ky.  St.)  Appportionment  of  Re- 
venues.— It  shall  be  the  duty  of  such  board  of  education,  at 
the  beginning  of  each  fiscal  year,  to  apportion  the  revenue 
available  for  that  year  to  the  different  departments  (includ- 
ing the  current  expense  funds,  the  insurance  or  restoration 
fund  and  the  site  and  building  fund),  for  expenditure  in  sup- 
port of  the  schools  for  that  year  and  no  report  or  resolution 
shall  be  adopted  by  the  board  calling  for  the  expenditure  of 
money  unless  it  states  specifically  the  fund  from  which  the  ap- 
propriation is  to  be  made,  and  is  accompanied  by  the  certi- 
ficate of  the  business  director  that  there  is  a  balance  in  such 
fund  available  for  such  expenditure.  If  in  any  of  the  current 
expense  funds  (not  including  special  funds  such  as  sinking 
funds,  trust  funds,  insurance  or  restoration  funds,  and  site 
and  building  funds,  and  those  realized  from  the  sale  of  bonds), 
there  reniain  at  the  end  of  any  fiscal  year  a  sur- 
plus apportioned,  but  not  used  or  needed  for  the  purpose 
for  which  it  may  have  been  set  apart,  the  same  may  be  carried 


170  „     KENTUCKY  SCHOOL  LAWS  1922 

into  and  set  apart  as  a  portion  of  the  permanent  "Site  and 
Building"  fund  and  accumulated  and  used  solely  for  the  pur- 
chase of  sites  or  the  erection,  remodeling,  rebuilding  or  inv 
provement  of  school  buildings,  or  put  into  and  set  apart  as  a 
portion  of  the  insurance  or  restoration  fund  to  be  used  solely 
in  restoring  or  replacing  buildings  and  equipment  injured  or 
destroyed  by  fire  or  casualty. 

(§  3235a-25  Ky.  St.)  Powerf  to  Borrow  Money.— The 
board  of  education  shall  have  the  power  to  borrow  money  on 
the  credit  of  the  board  in  anticipation  of  the  revenue  from, 
school  taxes  for  the  fiscal  half  year  in  which  the  same  is  bor- 
rowed and  pledge  said  school  taxes  for  the  paymjent  of  the 
principal  and  interest  of  said  loan :  Provided,  That  the  interest 
paid  shall  in  no  case  exceed  six  per  cent,  per  annum  and  the 
principal  shall  in  no  case  exceed  fifty  per  cent,  of  the  antici- 
pated revenue  for  the  fiscal  half  year  in  which  the  same  is  bor- 
rowed. 

Section  113.  (§  3235a-26  Ky.  St.)  Board  to  Estimate 
Annual  Expenses  and  to  Impose  and  Levy  a  Tax — SinMngf 
Fund — Certified  to  City  Legislative  Department  and  Included 
in  Tax  Bills— Collection  of— City  Treasurer  to  Pay  Over 
School  Taxes — Bonded  Indebtedness, — Said  board  of  educa- 
tion shall  annually,  in  the  month  of  January,  approximately 
ascertain  the  amount  of  money,  which  will  be  necessary  to  be 
used  to  defray  the  expenses  of  maintaining  the  schools,  includ- 
ing sinking  fund,  repairs  and  improvements  of  buildings  and 
liquidation  of  liabilities  falling  due  during  the  current 
fiscal  year,  and  shall  enter  the  same  at  large  together  with  the 
estimated  approximate  amount  to  be  received  from  the  com- 
mon school  fund  of  the  State  of  Kentucky  for  the  year  upon 
the  minute  book  of  the  board,  and  power  and  authority  is 
hereby  conferred  upon  such  board  of  education  to  impose  and 
levy  ad  valorem  taxes  upon  all  real  and  personal  property  in 
such  city  subject  to  and  assessed  for  taxation  for  city  pur- 
poses, not  exceeding  a  rate  of  75c  upon  each  $100.00  of  taxable 
property,  and  shall  also  levy  a  sufficient  amount  to  provide 
for  sinking  fund  purposes  for  the  fiscal  year,  and  the  taxes 
accruing  from  so  much  of  said  levy  as  is  made  for  sinking  fund 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND  CLASS         171 

purposes  shall  be  by  said  board  of  education  at  once  irrevoc- 
ably set  aside  for  that  purpose  and  not  otherwise,  and  said 
sinking  fund  as  above  provided  for  shall  include  the  sink- 
ing fund  for  the  entire  outstanding  indebtedness  of  said  board 
whether  created  before  or  after  1912.  Not  later  than  the 
month  of  March  annually,  the  board  of  education  shall  adopt 
a  resolution  imjposing  and  levying  an  ad  valorem  tax  upon  all 
the  real  and  personal  property  subject  to  taxation  and  assess- 
ed by  said  city  for  general  purposes  at  such  rate  not  exceed- 
ing 75c  on  the  $100.00  valuation  of  said  property,  as  shall,  in 
the  opinion  of  said  board,  be  necessary  to  produce  in  that  year 
the  total  estimated  sum  necessary  to  be  raised  to  support  and 
dntain  the  public  schools  of  the  city,  less  the  estimated  sum 
be  received  from  the  State  Common  School  Fund,  and  shall 
also  levy  a  tax  for  sinking  fund  purposes,  and  said  resolution 
shall  be  forthwith  certified  under  the  seal  of  said  board  of  edu- 
cation to  the  general  council  or  board  of  commissioners  to 
said  city,  and  said  levy  at  the  rate  so  fixed  and 
certified  shall  be  by  said  general  council  or  board  of  com- 
mussioners  added  to  and  included  in  the  regular  tax  bills  of 
the  city,  containing  the  ordinary  levy,  and  shall'be  collected 
with  the  same,  by  the  sam/e  officers  and  in  the  same  manner 
and  at  the  sam,e  time,  as  the  ordinary  taxes  for  said  city  are 
collected  by  the  collecting  officers  of  the  city,  and  all  powers 
and  duties  conferred  upon  and  required  of  officers  in  collect- 
ing the  ordinary  city  taxes  are  hereby  conferred  upon  and  re- 
quired of  them  in  collecting  the  taxes  levied  by  the  board  of 
education,  and  such  collecting  officer  or  officers,  and  his  or 
their  securities,  shall  be  severally  liable  under  their  official 
bonds  for  any  failure  in  the  performance  of  their  duties  on 
which  bond  or  bonds  suit  or  suits  may  be  brought  for  the  use 
of  said  board  and  recovery  had  for  such  amount  or  amounts 
as  shall  be  found  due  from,  such  officer  or  officers.  As  and 
when  said  taxes  are  collected  the  city  treasurer,  or  other  col- 
lecting officer,  of  said  city,  shall  promptly  pay  the  same  to 
the  treasurer  of  the  board  of  education  taking  the  receipts  of 
said  treasurer  for  the  sum,  so  paid,  which  shall  be  the  full  ac- 
quittance of  said  treasurer  therefor,  and  said  board  of  educa- 


172  KENTUCKY  SCHOOL  LAWS  1922 

tion  shall,  under  its  seal  certify  to  the  general  council  or  board 
of  commissioners,  the  name  and  location  of  its  treasurer  and  of 
any  change  in  said  name  or  location:  Provided,  however, 
that  the  limitation  hereinbefore  prescribed  of  the  tax  that 
may  be  levied  for  school  purposes  shall  not  apply  where  a 
bonded  indebtedness  has  been  incurred  for  public  school  pur- 
poses, and  when  such  an  indebtedness  has  been  incurred  that 
there  may  be  levied  in  addition  to  the  tax  hereinbefore  author- 
ized, an  annual  ad  valorem  tax  sufficient  to  pay  the  interest 
on  said  indebtedness  and  also  to  constitute  a  sinking  fund  for 
the  payment  of  the  principal  thereof. 

The  provisions  hereof  shall  apply  to  any  bonded  indebted- 
ness whether  heretofore  or  hereafter  created. 

(§  3235a-27  Ky.  St.)  Treasurer  to  Collect  Taxes  a-nd  Pay 
Over  to  Board.— Repealed  March,  1918,  C.  167,  p.  673.  See 
new  section  3235a-26. 

(§  3235a-28  Ky.  St.)     Power  to  Purchase  Site— Issue  of 
Bonds  to  be  Submitted  to  the  People— Provisions  Concerning 

Bonds.— "Whenever  the  board  of  education  shall  deem  it  neces- 
sary for  the  proper  accommodation  of  the  schools  of  such  city 
to  acquire  or  enlarge  sites  for  school  buildings,  to  erect,  imr 
prove,  remodel,  rebuild  or  restore  buildings  for  high  schools 
or  for  any  other  school  purpose,  or  for  any  or  all  these  pur- 
poses, and  the  annual  funds  raised  from  other  sources  are  not 
sufficient  to  accomplish  said  purpose  or  purposes,  said  board 
shall  make  a  careful  estimjate  of  the  probable  amount  of  money 
required  for  such  purpose  or  purposes  and  it  shall  certify  to 
the  General  Council  or  Board  of  Commissi oners  of  said  city 
the  fact  that  an  election  for  an  issue  of  bonds  for  school  im- 
provement shall  be  held,  together  with  the  amount  of  mkmey 
for  which  bonds  shall  be  issued  and  the  purpose  or  purposes 
to  which  the  proceeds  thereof  shall  be  applied.  It  shall  there- 
upon be  the  duty  of  the  General  Council  or  Board  of  Commis- 
sioners to  adopt  an  ordinance  submitting  to  the  qualified 

Section    3235a-26.    While    the    commissioners    must,     under    this    section 
levy  a   sufficient   tax    to   produce    the   amount    requested    by    the    board   of 
ucation,   such  board  may  be  required  to  include  in  its  estimate  revenues 
rK       234   Sl&TseSWB°360d  °f  Education  of  NewP°rt  v.   City  of  Newport, 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND  CLASS        173 

Voters  of  the  city  at  the  next  regular  election  the  question 
whether  bonds  of  the  city  shall  be  issued  for  the  purpose  or 
purposes  aforesaid.  The  bonds  so  issued  shall  be  designated 
as  " School  Improvement  Bonds/'  and  the  ordinance  shall  fix 
the  time  the  bonds  shall  run,  and  if  a  serial  issue,  then  the 
amount  to  mature  at  each  time,  and  lim.it  the  rate  of  interest 
which  will  be  permitted  on  said  bonds,  and  the  total  amount 
of  bonds  to  be  issued,  and  provide  for  the  levy  of  a  tax  to  pay 
the  interest  and  to  either  redeem  the  bonds  as  they  mature, 
or  provide  for  the  accumulation  of  a  sinking  fund  to  retire 
them  at  their  maturity. 

No  submission  of  the  question  of  issuing  bonds  hereunder 
shall  be  had  prior  to  the  regular  election  in  November,  1913, 
and  the  total  outstanding  issue  of  bonds  for  school  purposes, 
including  bonds  already  issued,  shall  never  exceed  two  (2)  per 
centumi  of  the  value  of  the  taxable  property  of  the  city  to  be 
estimated  by  the  assessment  next  before  the  last  assessment 
previous  to  the  incurring  of  the  indebtedness.  The  question 
to  be  submitted  shall  be  so  framed  that  the  voter  may  by  his 
vote  answer  FOR  or  AGAINST. 

If  the  voters  of  the  city  shall  determine  by  a  two-thirds 
majority  of  those  voting  that  such  bonds  shall  be  issued,  they 
shall,  when  so  issued,  be  placed  under  the  control  of  the  board 
of  education,  who  shall  determine  when  and  at  what  price  and 
how  they  shall  be  sold,  and  the  date,  number  of  bonds,  denom- 
ination, whether  coupon  or  registered,  the  rate  of  interest  and 
frequency  of  payment  thereof,  place  of  payment  of  principal 
and  interest  and  other  details  it  desires  embodied  in  the  bonds 
or  in  the  ordinance  providing  for  their  issue  and  shall  certify 
same  to  the  governing  body  of  said  city,  who  shall  at  once 
adopt  an  ordinance  in  conformity  therewith  and  cause  the 
bonds  to  at  once  be  properly  prepared  and  executed  and  turn- 
ed over  to  the  board  of  education  for  sale  and  delivery.  Pro- 
vided, That  no  such  bonds  shall  be  sold  for  less  than  par;  and 
provided,  further,  That  any  premium  which  may  be  obtained 
from  said  bonds  shall  constitute  a  part  of  the  sinking  fund 
for  their  ultimate  retirement.  As  the  bonds  are  sold  their 
>roceeds  shall  be  placed  to  the  credit  of  the  board  in  the  same 


174  KENTUCKY  SCHOOL  LAWS  1922 

depository  which  is  selected  for  its  other  funds,  but  shall  be 
kept  in  a  separate  account  and  shall  be  used  only  for  the  pur- 
poses for  which  the  bonds  were  issued. 

It  shall  be  the  duty  of  the  General  Council  or  of  the  Board 
of  Comimissioners,  in  addition  to  the  levy  ntade  for  the  main- 
tenance of  the  schools  as  hereinbefore  provided,  to  levy  an- 
nually in  its  tax  levy  a  rate  that  will  raise  a  sum.  that  shall  be 
sufficient  to  pay  the  interest  and  create  a  sinking  fund  for  the 
payment  of  the  bonds  at  maturity.  The  said  bonds,  principal 
and  interest  shall  be  a  charge  upon  the  sinking  fund  of  said 
city,  and  it  shall  be  entitled  to  have  the  annual  tax  that  shall 
be  levied  as  aforesaid. 

Section  114.  (§  3235a-29  Ky.  St.)  Funds  for  Maintenance 
of  Schools. — For  the  maintenance  of  the  schools  there  shall  be 
appropriated  the  sunt  or  sums  which  may  be  received  from 
year  to  year  as  the  city's  portion  of  the  school  fund  of  this 
Commonwealth. 

(§  3235a-30  Ky.  St.)  Escheated  Lands.— So  much  prop- 
erty in  the  city,  as,  from!  any  cause  shall  escheat  to  the  Com- 
mkmwealtth  of  Kentucky,  shall  vest  in  the  board  for  the  use 
and  benefit  of  the  public  schools  of  the  city.  Said  board  may, 
in  the  name  of  the  Commonwealth,  for  the  use  and  benefit  of 
the  said  schools,  by  its  president  or  other  officer  to  or  designat- 
ed by  it,  enter  upon  and  take  possession  of  said  property,  or  sue 
for  and  recover  the  same  by  action  at  law  or  in  equity,  and 
without  office  found.  The  board  may  sell  and  convey  any  of 
such  property  by  warranty  deed  or  otherwise. 

(§  3235a-31  Ky.  St.)  Duty  of  Officer  as  to  Collection  of 
Taxes. — All  officers  of  any  city  of  the  second  class,  and  of  the 
State,  concerned  with  the  assessment  and  collection  of  taxes, 
fines  and  penalties,  shall  perform  such  duties  in  relation  to  the 
levying  and  collection  of  school  taxes  and  the  collection  of 
such  fines  and  penalties,  and  the  payment  thereof  to  said  board 
for  school  purposes,  as  are  now  imposed  by  the  existing  laws 
upon  such  officers  in  relation  to  the  levy  and  collection  of 
school  taxes  and  the  collection  of  fines  and  penalties  payable 
to  the  school  funds;  and  nothing  in  this  act,  unless  inconsistent 
therewith,  shall  be  construed  as  repealing  any  existing  law 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND  CLASS         175 

providing  for  the  assessment  and  collection  of  school  taxes  in 
such  city;  and  all  powers  and  duties  conferred  by  existing 
laws  upon  any  board  in  relation  thereto  shall  be  continued  in 
the  board  created  by  this  act. 

(§  3235a-32  Ky.  St.)  Expert  Accountant  to  be  Employed. 
— (At  the  close  of  each  fiscal  year  of  said  board,  the  Board  of 
Commissioners  or  the  General  Council  of  such  city  shall  ap- 
point one  or  more  expert  accountants,  who  shall  examine  the 
books,  accounts  and  vouchers  of  the  business  director  and 
secretary,  the  treasurer  and  all  other  departments  of  expendi- 
tures of  the  board,  and  shall  make  due  report  thereof  to  the 
Mayor  and  board  of  education  of  such  city.x  All  the  officers 
and  employees  of  the  board  shall  produce  and  submit  to  such 
accountants  for  examination  all  books,  papers,  documents, 
vouchers  and  accounts  in  their  office  belonging  to  the  same  or 
thereto  pertaining,  and  shall  in  every  way  assist  said  account- 
ants in  their  work.  In  the  report  to  be  made  by  said  account- 
ant^ they  may  make  any  recommendation  they  deem!  proper  as 
to  the  business  methods  of  such  officers  and  employees.  A 
reasonable  compensation  for  such  services  shall  be  paid  by 
the  board. 

Section  115.  (§  3235a-33  Ky.  St.)  Kindergarten— Power 
to  Establish. — The  board  of  education  shall  have  power  to 
establish  and  maintain  kindergartens  for  children  from  four 
to  six  years  of  age,  high  schools,  night  schools  for  all  residents 
of  the  city,  and  normal  training  classes  for  the  purpose  of 
training  teachers  to  fill  positions  in  the  schools  of  the  city, 
and  to  this  end  it  m\ay  prescribe  rules  and  regulations  for 
governmjent  of  such  schools  and  employ  the  principals  and 
other  teachers  necessary  for  their  efficient  management. 

(§  3235a-34  Ky.  St.)  Schools  for  Colored  Children.— The 
board  of  education  shall  provide,  maintain  and  support 
separate  schools  wherein  all  colored  children,  who  are  bona 
fide  residents  of  said  city,  between  the  ages  of  six  and  eighteen 
years,  may  be  taught  in  like  manner  as  herein  provided  for 
white  children.  Said  colored  schools  shall  be  entitled  to  the 
same  benefits,  be  governed  by  the  same  rules  and  regulations, 
and  be  subject  to  the  same  restrictions  as  the  schools  herein 


176  KENTUCKY  SCHOOL  LAWS  1922 

provided  for  the  white  children.  Provided  any  colored  per- 
son over  eighteen  years  of  age  shall  have  right  to  attend  and 
receive  instruction  in  such  colored  school. 

(§  3235a-35  Ky.  St.)  Examination  of  Teachers.— The 
board  shall  prescribe  the  necessary  qualifications  and  mode  of 
examination  for  applicants  for  admission  to  the  various 
schools. 

The  said  board  shall  have  authority  to  make  rules  and 
regulations  under  which  the  superintendent  may  furnish  text 
books  and  other  school  supplies  to  children  who  are  not  other- 
wise able  to  obtain  them. 

(§  3235a-36  Ky.  St.)  Religious  Dogmas.— No  catechism 
or  other  formula  of  religious  belief  shall  be  taught  or  incul- 
cated, nor  shall  any  class-book  be  used  which  reflects  on  any 
religious  denomination. 

(§  3235a-37  Ky.  St.)  Pupils— Who  May  Attend.— The 
board  shall  have  the  power  to  admit  to  any  schools  pupils  irom 
beyond  the  city  limits  and  to  collect  for  these  pupils  tuition 
fees  for  the  benefit  of  the  school  fund  of  the  city.  Children 
or  persons  residing  outside  of  the  city  limits  shall  not  be  ad- 
mitted as  pupils  into  any  of  the  public  schools,  except  upon 
payment  of  such  tuition  as  the  board  may  require  as  afore- 
said. 

Section  116.  (§  2335a-38  Ky.  St.)  Reports  to  be  Made.— 
A  city  of  the  second  class  being  deemed  one  school  district 
for  taxation  purposes  and  entitled  to  its  proportion  of  the  pub- 
lic school  fund  of  the  Commonwealth,  the  Board  of  Education 
of  such  city  shall  make  detailed  reports  annually  and  special 
reports  as  required  to  the  State  Superintendent  of  Public 
Instruction.  The  board  shall  also  in  the  year  1913,  and  every 
third  year  thereafter,  cause  to  be  taken  the  census  of  children 
of  school  age  and  mlake  returns  thereof  to  the  Superintendent 
of  Public  Instruction,  and  at  the  same  time  other  school  offi- 
cers are  required  to  miake  returns;  and  for  neglect  of  duty 
the  members  of  the  board  shall  be  liable  to  the  same  penalties. 
This  census  shall  be  taken  under  regulations  approved  by  the 
State  Board  of  Education. 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND  CLASS         177 

For  the  years  in  which  no  census  is  required  to  be  taken, 
the  Superintendent  of  Public  Instruction  shall  determine  the 
amount  per  capita  to  be  paid  over  to  the  Board  of  Education 
of  such  cities,  by  adding  annually  to  the  number  of  children 
of  school  age  as  shown  by  the  next  preceding  census  actually 
taken,  such  increase  or  addition  as  he  may  ascertain  to  be  the 
annual  increase  of  children  of  school  age  in  the  district  upon 
averaging  the  yearly  increase  shown  by  the  three  actual  enum- 
erations next  preceding:  Provided,  however,  that  the  Board 
of  Education  of  any  such  city  or  the  Superintendent  of  Public 
Instruction  miay  elect  to  take  an  actual  census  in  any  of  such 
rears,  in  which  case  the  return  of  such  census  shall  govern. 
(§  3235a-39  Ky.  St.)  Report  to  be  Published.— The  Board 

Education  shall,  at  the  end  of  each  scholastic  year,  prepare 

id  publish,  for  the  information  of  the  public,  a  report  which 

iall  include  the  annual  reports  made  to  the  board  by  the 
superintendent,  business  director  and  secretary  and  the  treas- 

;r,  together  with  such  other  information  as  may  be  proper 
and  necessary  to  an  understanding  of  the  general  condition 
and  educational  progress  of  the  schools  during  the  preceding 
year. 

(§  3235a-40  Ky.  St.)  Violations — Penalties. — Any  mem- 
ber, officer,  or  employee  of  such  board  who  shall  wilfully 
violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemieanor,  and  on  conviction,  shall  be  punished  by  a 
fine  of  not  more  than  five  hundred  dollars  or  imprisonment  not 
exceeding  one  year,  or  by  both  fine  and  imprisonment,  in  the 
discretion  of  the  jury. 

(§  3235a-41  Ky.  St.)     Testimony  to  be  Under  Oath.— All 

;stimony  taken  upon  any  investigation  made  by  the  board  or 
any  proceedings  before  the  board  for  the  removal  of  any 

?icer  or  employee  of  the  board,  or  in  any  investigation  made 
any  committee  of  the  board,  shall  be  under  oath,  which 

ith  mjay  be   administered  by  the  secretary   or   any   officer 

ithorized  to  administer  oaths. 

Said  board,  or  any  duly  constituted  committee  thereof, 

iall  have  the  power  in  any  investigation  or  proceedings  be- 
fore it  concerning  a  matter  which  may  be  a  proper  subject  of 


178  KENTUCKY  SCHOOL  LAWS  1922 

inquiry  by  it,  to  summon  witnesses  by  subpoena  and  to  enforce 
the  compulsory  attendance  of  said  witnesses.  Should  any  per- 
son so  summoned  refuse  to  attend  or  to  produce  a  paper  to 
be  used  as  evidence  in  said  investigation,  or  proceedings,  or, 
being  present,  refuse  to  testify  concerning  any  matter  which 
may  be  a  proper  subject  of  inquiry,  he  shall  be  deemled  guilty 
of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than  ten  and  not  more  than  fifty  dollars. 

(§  3235a-42  Ky.  St.)  Repealing  Clause.— The  general 
school  laws  of  this  State  and  all  laws  and  parts  of  laws  ap- 
plicable to  the  general  system  of  public  schools  in  a  city  of  the 
second  class  and  not  inconsistent  herewith,  shall  be  in.  full 
force  and  effect  in  such  city. 

Section  117.  (§  3235e-l  Ky.  St.)  Persons  to  Have  Charge 
of  Annuity  Fund — Treasurer — Members  of  the  Board — How 
Chosen. — The  general  care  and  management  of  the  insurance 
and  annuity  fund  of  the  public  school  teachers  of  the  cities 
of  the  second  class  shall  be  vested  in  the  treasurer  of  the  Board 
of  Education,  or,  if  a  bank  be  the  treasurer,  in  the  president 
thereof,  the  Superintendent  of  the  Public  Schools,  the  pres- 
ident of  the  Board  of  Education,  and  four  members  of  the 
teaching  staff,  the  last  named  to  be  chosen  by  ballot  at  a  meet- 
ing of  the  teachers  called  by  the  Superintendent  of  ^Public 
Schools  on  the  second  Saturday  of  May  in  each  year.  At  this 
meeting  any  vacancy  in  the  membership  of  the  Board  of  In- 
surance and  Annuity  to  be  filled  from  among  the  teachers, 
shall  be  filled  by  ballot.  The  length  of  service  of  the  four 
members,  from  among  the  teachers  chosen  at  the  first  election, 
shall  be  determined  by  lot :  one  member  shall  serve  for  four 
years,  one  member  shall  serve  for  three  years,  one  member 
shall  serve  for  two  years,  and  the  remaining  member  shall 
serve  for  one  year,  and  thereafter  one  member  shall  be  elected 
each  year.  Said  board  shall  establish,  from  time  to  time,  such 
rules  and  regulations  for  administration  of  said  fund  as  it  may 
deem  best,  and  said  board  shall  make  payments  from  the  said 
fund  of  annuities  granted  in  pursuance  of  this  act.  The  mem- 
bers of  this  board,  with  the  exception  of  the  treasurer,  shall 
serve  without  remuneration. 


MUNICIPAL  SCHOOLS— CITIES  OP  SECOND  CLASS      179 

The  treasurer  of  the  board  of  education  of  the  city  of  the 
second  class  shall  receive  and  hold  all  moneys  belonging  to 
said  funds,  and  may  invest  the  same,  by  direction  of  said  board 
of  insurance  and  annuity,  in  national,  state,  county  or  munici- 
pal bonds,  or  bonds  accompanied  by  first  mortgages  on  inir 
proved  real  estate,  or  in  such  investments  as  are  deemed  legal 
for  insurance  companies  in  the  State  of  Kentucky,  to  an  extent 
not  to  exceed  fifty  per  cent,  of  the  value  thereof.  'Said  treas- 
urer shall  make  payments  from  said  fund  only  when  directed 
by  said  board  of  insurance  and  annuity.  Said  treasurer  shall 
report  in  detail  to  said  board  of  insurance  and  annuity,  an- 
nually, on  the  second  Saturday  of  May,  or  oftener  if  required 
by  said  board,  the  condition  of  said  fund  and  the  iten^s  of  the 
receipts  and  disbursements  of  the  same.  Said  treasurer  shall 
give  bond  for  the  faithful  performance  of  his  duties  in  an 
amount,  and  in  such  manner  as  prescribed  by  the  board  of  in- 
surance and  annuity,  and  the  cost  of  such  bond  shall  be  de- 
frayed from  the  funds  of  the  board  of  insurance  and  annunity. 
From  said  funds  shall  also  be  paid  to  the  treasurer,  annually, 
an  amount  decided  upon  by  the  board  of  insurance  and  an- 
nuity, as  remuneration  for  his  services. 

(§  3235e-2  Ky.  St.)  Sources  of  Fund— Beneficiaries.— 
The  insurance  and  annuity  fund  shall  consist  of  the  following, 
with  interest,  income,  and  profits  thereof: 

1.  The  sum  of  one  thousand    ($1,000)    dollars  or  more 
yearly  may  be  provided  by  the  board  of  education  of  a  city  of 
the  second  class,  out  of  the  funds  coming,  to  its  hands  for 

dntenance  of  schools. 

2.  A  fund  may  be  provided  by  the  Board  of  City  Com- 
ussioners  which  shall  be  raised  by  a  yearly  levy  of  one  cent 

m  every  hundred  dollars'  worth  of  taxable  property  in  said 

ity. 

3.  After  the  board  of  eduation  of  a  city  of  the  second 
lass  has  provided  for  the  payment  of  $1,000  yearly  or  more, 

id  the  Board  of  Comjmdssioners  of  said  city  of  the  second 
jlass  has  levied  a  tax  of  one  cent  on  every  hundred  dollars' 
worth  of  taxable  property  of  such  city  for  the  maintenance  of 
an  insurance  and  annuity  fund  for  the  teachers  in  the  public 


180  KENTUCKY  SCHOOL  LAWS  1922 

schools  of  said  city;  then,  one  per  centum  of  the  salaries  of 
all  teachers  of  the  public  schools  of  such  city  who  have  been 
engaged  in  teaching  in  said  public  school  for  ten  years  or 
under,  and  two  per  centum,  of  the  salaries  of  all  teachers  who 
have  been  engaged  in  teaching  more  than  ten  years,  shall  be 
withheld  and  added  to  the  fund,  provided  that  no  payment 
shall  exceed  forty  ($40)  dollars  per  annum.  The  treasurer  of 
the  board  of  education  of  such  city  shall  deduct,  monthly, 
from  the  salary  of  every  teacher  the  amount  provided  for  in 
said  schedule,  which  am'ount  shall  be  turned  monthly  into 
said  insurance  and  annuity  fund. 

After  the  passage  and  adoption  of  this  act,  each  contract 
made  with  teachers  by  the  board  of  education  of  such  city 
shall  specify  that  the  sums  in  this  paragraph  provided  shall 
be  deducted  from  each  and  every  teacher's  salary.  Any 
teacher  who  shall  retire,  or  who  shall  be  retired  from  service 
as  teacher,  and  who  shall  not  be  in  receipt  of  or  entitled  to  an 
annuity  under  this  act,  shall  have  refunded  to  him  or  her 
three-fourths  of  the  amount,  without  interest,  which  he  or  she 
has  contributed  to  the  insurance  and  annuity  fund.  If  such 
teacher  shall  again  teach  in  public  schools  and  shall,  within  a 
time  specified  by  the  board  of  insurance  and  annuity,  repay  to 
said  fund  the  amount  so  returned  to  such  teacher,  together 
with  simple  interest  on  said  amount  (not  to  exceed  four  per 
centum  per  annum),  such  teacher  shall,  upon  returning  to 
regular  school  work,  receive  credit  for  past  years  of  service. 
In  the  event  of  the  death  of  any  teacher  entitled  to  the  pro- 
visions of  this  act,  before  such  teacher  has  been  retired  upon 
an  annuity,  then,  and  in  that  case  the  heirs  or  legatees  of  such 
deceased  teacher  shall  be  entitled  to  a  sum  out  of  said  fund 
equal  to  three-fourths  of  the  sum*,  without  interest,  paid  by 
such  teacher  into  said  fund. 

4.  Moneys  received  from  donations,  legacies,  bequests, 
gifts,  devises,  or  otherwise  miay  be  used  to  augment  this  fund, 
and  the  amount  or  amounts  so  received,  together  with  ten  per 
centum  of  all  other  receipts,  shall  constitute  a  sinking  fund, 
and  such  sinking  fund  shall  be  and  remain  a  permanent  fund, 
and  no  part  thereof  shall  be  expended  except  the  interest  and 


MUNICIPAL  SCHOOLS— CITIES  OF  SECOND  CLASS         181 

income  thereof  and  therefrom,  provided  that  one-half  of  the 
amount  added  to  such  sinking  fund  may  be  used  during  the 
year  immediately  following  its  addition,  if  its  use  be  deemed 
necessary  by  the  board  of  insurance  and  annuity. 

5.  All  such  other  increment  as  may  be  duly  and  legally 
devised  for  the  increase  of  said  fund. 

Section  118.  (§  3235e-3  Ky.  St.)  Medical  Examiners— 
Conditions  of  Retirement.— The  board  of  insurance  and  an- 
nuity shall  annually  appoint  three  surgeons  or  physicians  of 
at  least  ten  years'  active  practice,  who  shall  be  known  as  the 
board  of  medical  examtiners,  Who  shall  serve  without  pay,  and 
who  shall,  upon  request  of  the  board  of  education  or  the  board 
of  insurance  and  annuity,  make  examinations  and  report  their 
findings  in  writing  to  the  board  making  such  request. 

2.  On  recommjendation  of  a  majority  vote  of  said  board 
of  education,  said  board  of  insurance  and  annuity  shall  place 
on  the  disability  list  any  teacher  of  the  public  schools  of  sur 
city  who  has  been  engaged  in  the  work  of  teaching  for  a  period 
aggregating  fifteen  years  in  the  public  schools  of  the  State  of 
Kentucky,  the  last  ten  years  of  which  shall  have  been  in  the 
public  schools  of  the  city  granting  the  annuity,  and  who  is 
found  by  said  board  of  medical  examiners  to  be  mjentally  and 
physically  incapacitated  for  the  further  performance  of  duty 
as  a  teacher. 

3.  Any  teacher  of  the  public  schools  of  such  city  who  has 
been  engaged  in  teaching  in  the  public  schools  of  the  State  of 
Kentucky  for  a  period  aggregating  fifteen  years,  the  last  ten 
of  which  shall  have  been  in  the  public  schools  of  the  city 
granting  the  annuity,  shall  have  the  right  to  apply    to    the 
board  of  insurance  and  annuity  to  be  placed  on  the  disability 
list,  on  the  ground  that  he  or  she  is  physically  and  mentally 
incapacitated  for  further  performance  of  duty  as  a  teacher. 
Any  applicant  for  retirement  on  said  ground  of  disability  shall 
submit  to  a  proper  examination  by  said  board  of  medical  ex- 
aminers before  his  or  her  application  shall  be  considered. 

4.  Nothing  in  this  act  shall  be  construed  as  prohibiting 
the  board  of  insurance  and  annuity,  by  a  majority  vote,  from 
recommending  to  the  board  of  education  that  the  disability  of 


182  KENTUCKY  SCHOOL  LAWS  1922 

a  teacher  retired  under  this  section  shall  be  ended.  Said 
board  of  education  ,mjay,  on  the  recommendation  of  said  board 
of  insurance  and  annuity,  declare  ended  the  disability  of  a 
teacher  retired  under  the  terms  of  this  section,  and,  upon  its 
delivery  to  said  teacher  of  a  contract  of  re-appointment  to  a 
position  as  teacher,  the  payment  of  the  annuity  of  such  teacher 
under  this  disability  clause  shall  be  discontinued.  In  no  case, 
however,  shall  disability  provided  in  this  section  be  declared 
ended  or  finished  until  an  examination  of  such  teacher  has 
been  made  by  said  board  of  medical  examdners. 

5.  The  provisions  of  this  section  shall  not  apply  to  ordin- 
ary cases  of  temporary  disability. 

6.  Upon  retirement  under  the  disability  act,  such  teacher 
shall  be  entitled  to  receive,  during  the  period  of  disability,  a 
retirement  annuity,  payable  in  monthly  installments,  which 
shall  be  the  same  fraction  of  the  maximum  retirement  annuity 
as  said  teacher's  time  of  service  is  of  thirty-five  years,  provid- 
ed that  application  for  such  retirement  annuity  shall  be  made 
not  later  than  two  years  after  the  termination  of  the  last  month 
of  employment.   The  payment  of  said  annuity  shall  date  from, 
the  time  of  the  granting  thereof  by  said  board  of  insurance 
annuity. 

(§  3235e-4  Ky.  St.)  Amount  of  Annuity— Manner  of 
Payment. — Upon  the  recommendation  of  the  board  of  educa- 
tion, the  board  of  insurance  and  annuity  shall  place  on  the 
retired  list  any  teacher  who  has  taught  in  the  public  schools 
for  a  period  aggregating  twenty-five  years,  twenty  years  of 
which  shall  have  been  in  the  public  schools  of  the  State  of 
Kentucky,  and  the  last  fifteen  years  in  the  public  schools  of 
the  city  wherein  said  teacher  is  employed  at  the  tim'e  of  re- 
tirement. 

2.  Any  teacher  of  the  public  schools  of  such  city  who 
has  taught  for  a  period  aggregating  not  less  than  twenty-five 
years,  twenty  years  of  which  shall  have  been  in  the  public 
schools  of  the  State  of  Kentucky  and  the  last  fifteen  years  in 
the  public  schools  of  the  city  granting  the  annuity,  shall  have 
the  right,  upon  application  to  the  board  of  insurance  annuity, 
to  be  placed  on  the  retired  list. 


MUNICIPAL   SCHOOLS— CITIES  OF  SECOND  CLASS         183 

3.  The  annuity  of  any  teacher  retired  under  the  provis- 
ions of  this  act,  after  twenty-five  years  of  employment,  shall 
be  thirty  per  centum  of  his  or  her  average  contractual  salary 
for  the  last  five  years  before  retirement,  and  two  per  centum 
of  his  or  her  average  contractual  salary  for  the  last  five  years 
before  retirement  for  £ach  and  every  year  of  employment  in 
excess  of  twenty-five  years;  provided,  however,  that  unless 
otherwise  specified  no  annuity  shall  be  more  than  fifty  per 
centum  of  a  teacher's  average  contractual  salary  for  the  past 
five  years  before  retirement,  and  provided,  further,  that  no 
annuities  granted  under  the  provisions  of  this  act  shall  be 
more  than  six  hundred  dollars. 

4.  No  annuities  shall  be  paid,  under  the  provisions  of 
this  act,  unless  the  retiring  teacher  shall  have  first  paid  into 
the  insurance  and  annuity  fund  such  sum  or  sums  as  shall 
make  his  or  her  total  payments  equal  to  the  amount  of  the  an- 
nuity paid  for  the  first  year ;  but  should  such  retiring  teacher 
be  unable  to  pay  the  full  amount  of  said  sum  before  receiving 
the  annuity,  the  board  of  insurance  and  annuity  shall,  in  pay- 
ing the  annuity  of  such  teacher,  withhold  from  each  monthly 
paymlent  twenty  per  centum  thereof  until  the  full  amount 
hereinbefore  provided  for  shall  have  been  contributed  to  the 
fund. 

5.  If  said  insurance  and  annuity  fund  shall,  at  any  time, 
be  found  insufficient  to  carry  out  the  provisions  of  this  act, 
the  amount  in  said  fund  shall,  during  the  continuance  of  such 
insufficiency,  be  distributed,  pro  rata,  among  the  persons  en- 
titled thereto,  and  such  distribution  shall  be  in  full  of  all  an- 
nuities then  due. 

6.  Any  teacher  may  be  given  a  leave  of  absence  for  study, 
professional  improvement,  or  disability,  and  shall  be  regarded 
as  a  teacher  and  entitled  to  the  full  benefits  of  this  act,  pro- 
vided that  the  payment  of  such  funds  shall  be  continued  dur- 
ing said  leave  of  absence  and  shall  equal  the  assessment  paid 
by  such  teacher  for  the  next  year  preceding  the  period  or 
periods  of  absence,  respectively. 

7.  In  computing  time,  under  the  provisions  of  this  act, 
such  time  shall  include  the  period  of  service  rendered  both  be- 
fore and  after  the  taking  effect  of  this  act,    Credit  shall  be 


184  KENTUCKY  SCHOOL  LAWS  1922 

given  for  time  spent  as  a  regular  and  salaried  substitute 
teacher. 

8.  The  payment  of  said  annuity  shall  be  suspended  when- 
ever the  person  to  whom  said  annuity  has  been  granted  re- 
sumes work  as  a  regular  salaried  teacher  in  any  public  school. 

9.  Unless  otherwise  determined  by  each  respective  board 
of  insurance  and  annuity  in  a  city  of  the  second  class  of  the 
State  of  Kentucky,  no  annuities  shal  be  paid  out  of  said  fund 
for  the  first  three  years  after  the  passage  and  adoption  of  this 
act. 

(§  3235e-5  Ky.  St.)  Powers  of  the  Board  to  Make  By- 
Laws. — The  board  of  insurance  and  annuity  shall  have  power 
to  make  definite  by-laws  and  regulations  for  the  holding  of 
meetings,  the  collection  and  disbursement  of  money,  and  the 
care  and  preservation  of  the  same,  and  the  proper  execution 
of  the  provisions  and  purposes  of  this  act. 

(§  3235e-6  Ky.  St.)  Annuity  Not  Subject  to  Attach- 
ment.— All  annuities  granted  and  payable  under  the  provisions 
of  this  act  shall  be  and  are  exempt  from  seizure  or  levy  upon 
attachment,  execution,  or  any  other  process  of  law,  or  in 
equity,  whether  mesne  or  final,  and  such  annuities  or  any  pay- 
ment of  the  same  shall  not  be  subject  to  sale,  assignment,  or 
transfer  by  any  beneficiary,  and  such  transfer  shall  be 
absolutely  void. 

(§  3235e-7  ,  Ky.  St.)  Teacher  Defined.  —  The  term 
" teachers"  as  used  in  this  act  shall  mean  and  include  any 
superintendent,  assistant  superintendent,  principal,  assistant 
principal,  person  in  charge  of  any  special  department  of  in- 
struction, and  any  teacher  or  instructor  regularly  employed 
in  the  public  schools  or  public  kindergartens  of  the  cities  of 
the  second  class  in  the  State  of  Kentucky. 

(§  3235e-8  Ky.  St.)  Board  of  Education  Defined.— The 
term  "Board  of  Education,"  as  used  in  this  act,  shall  mean 
the  bodies  now  in  control  and  management  of  the  public 
schools  of  all  cities  of  the  second  class  in  the  State  of  Ken- 
tucky, as  now  created  and  constituted,  or  as  they  may  be  con- 
stituted hereafter,  or  any  boards  or  bodies  of  officials  who 
shall  have  the  control  and  management  of  the  public  schools 
of  such  cities. 


Chapter  XII. — Continued. 


MUNICIPAL    SCHOOLS— PUBLIC    SCHOOLS     IN     CITIES     OF    THE 

THIRD  CLASS 


Sec.  120.     Tax  levy— annual  budget. 

Sec.  120a.  Power  to  issue  bonds- 
election,  how  called  and 
held— may  anticipate  rev- 
enue for  half  year  in 
borrowing1  money. 

Sec.  120a-l.  School  fund— sources- 
how  provided. 

Sec.  121.  General  provisions  con- 
cerning1. 

Sec.  122.  Reports  to  State  Super- 
intendent required— duty 
as  to  census. 


Sec.  119.  Board  to  consist  of  nine 
members— election,  qual- 
ification and  term— organ- 
ization—p  o  w  e  r  s  and 
duties. 

Sec.  119a.  Superintendent,  princi- 
pals, teachers  and  other 
employees  to  be  ap- 
pointed by  board. 

Sec.  119a-l.  Power  to  sell  school 
property  conferred— con- 
demnation of  land  for 
school  purposes— adop- 
tion of  text  books— an- 
ual  statement. 

Section  119.  (§  3462  Ky.  St.)  Public  School  System- 
School  Age— "Board  of  Education"— Election  of— Terrn^ 
Qualifications — Secret  Separate  Ballot — Candidates — Provis- 
ion Concerning-  Ballots — Casting  of — Special  Election  May  be 
Held— Number  of  Candidates  That  May  Be  Voted  For— Elec- 
tion, How  Decided— Powers  of  Board— Meetings— Quorum- 
Place  of  Meeting — Records  Public. — (That  there  shall  be  miain- 
tained  in  cities  of  the  third  class  a  system  of  public  schools  at 
which  all  the  children  residing  in  such  city  between  the  ages 
of  six  and  twenty  miay  be  taught  at  public  expense.  Said 
schools  shall  be  under  dontrol  of  a  board  to  be  styled  "the 
board  of  education,"  consisting  of  nine  members  to  be  elected 
from  the  city  at  large  by  the  qualified  voters  thereof  at  the 
November  election  in  1921,  five  of  whom  shall  hold  office  for 
four  years  and  four  of  whom  shall  hold  office  for  two  years. 
The  board  first  to  be  elected  hereunder  shall,  at  its  first  meet- 
ing determine  by  lot,  which  of  its  members  shall  serve  for  two 
years  and  which  for  four  years.  At  the  expiration  of  their 
respective  terms  their  successor  shall  be  elected  for  a  term  of 
four  years.  Said  trustees  shall  possess  the  same  qualifications 
as  are  required  for  councilmen  or  commissioners  of  said  city. 

All  elections  for  members  of  the  board  of  education  shall 
be  by  secret  ballot.  Said  ballot  shall  be  on  a  separate  sheet 
from  all  other  ballots  to  be  used  in  any  election.  It  shall  be 
the  duty  of  the  county  clerk  of  any  county  in  Which  a  city  of 
the  third  class  is  located  to  cause  to  be  printed  on  said  ballot 


186  KENTUCKY  SCHOOL  LAWS  1922 

the  names  of  all  candidates  for  m|em,bership  of  the  board  of 
education  of  said  city,  in  whose  behalf  he  may  be  petitioned 
so  to  do  in  writing  by  not  less  than  twenty-five  legal  voters  of 
said  city.  The  petition  must  be  filed  in  the  office  of  the  county 
clerk  not  more  than  sixty  and  not  less  than  fifteen  days  be- 
fore the  day  of  election  and  each  petition  nnust  be  signed  by 
the  requisite  number  of  qualified  persons  and  shall  show  the 
place  of  residence  of  each  person  signing  it,  and  no  person 
shall  sign  more  petitions  than  the  number  of  offices  to  be  filled. 
If  the  nomination  is  to  fill  a  vacancy,  the  petition  shall  so 
state.  When  the  sam'e  person  shall  be  nominated  for  a  full 
term  and  to  fill  a  vacancy,  he  shall  be  accepted  as  a  candidate 
for  the  full  term. 

Said  ballots  shall  be  in  the  form  prescribed  for  ballots  by 
the  general  election  law  of  the  State,  except  that  no  party 
emblem  or  other  emiblem  or  distinguishing  mark  shall  be 
placed  upon  said  ballot,  save  the  Words  "School  Ticket,"  at 
the  head  thereof;  and  that  the  names  of  all  candidates  for 
membership  in  the  board  of  education  shall  be  printed  in  a 
single  column.  The  names  shall  be  printed  upon  the  first  fifty 
ballots  as  arranged  in  alphabetical  order.  On  each  of  the  suc- 
ceeding fifty  ballots  the  names  shall  be  printed  in  the  samJe 
order,  save  that  the  last  names  on  the  preceding  fifty  ballots 
shall  be  shifted  to  first  place;  and  so  thereafter  throughout, 
a  like  change  being  made  in  the  printed  order  of  names  for 
every  fifty  ballots,  and  'these  ballots  shall  be  so  bound  that  in 
the  book  of  ballots  for  each  voting  precinct,  each  candidate's 
name  will  appear  first  on  approximately  the  same  number  of 
ballots  as  that  of  every  other  candidate.  As  many  additional 
linfcs  shall  be  left  blank  as  there  are  members  to  be  elected. 
The  provisions  of  the  general  election  laws  of  the  State  of 
Kentucky  as  to  the  duties  of  county  clerks  and  other  public 
officers  in  the  matter  of  printing  and  distributing  ballots,  of 
issuing  them  to  voters,  of  receiving  and  depositing  them  in 
the  ballot  boxes,  and  counting  and  preserving  them,  and 
in  other  particulars  except  as  otherwise  provided  herein,  shall 
be  applicable  in  all  respects  to  the  election  of  members  of  the 
board  of  education :  Provided,  that  it  shall  be  the  duty  of  the 


MUNICIPAL  SCHOOLS— CITIES  OF  THIRD  CLASS  187 

sheriff  in  each  county  in  which  a  city  of  the  third  class  is 
situated,    to    provide    for   each   precinct   in   the    said   city   a 
separate  box  for  the  reception  of  the  ballots  used  in  the  elec- 
tion of  the  members  of  the  board  of  education.    And  provided, 
further,  that  it  shall  be  the  duty  of  the  judge  of  the  election 
of  the  opposite  political  faith  to  the  clerk  of  election  in  each 
precinct,  to  issue  the  ballots  in  the  same  manner  as  other  bal- 
lots    are    issued     by    the     clerk     of     election,    .by    writing 
the       name     and     address     of    the     voter     upon     the     pri- 
mary   stub,    and    his    registered    number    upon    the    secon- 
dary   stub     of    the     school    ballot,     and     observing    as    to 
these    ballots    such    other    regulations    for     the     issue     and 
deposit  of  ballots,  as  niay  be  prescribed  for  elections  generally. 
It  shall  be  unlawful  for  an  election  officer  or  other  person 
within  the  election  booth,  to  tell  or  indicate,  by  word  of  mlouth 
or  otherwise,  to  a  voter  what  may  be  the  political  affiliation 
of  any  candidate,  and  a  violation  of  this  provision  shall  be  a 
misdemeanor  punishable  by  a  fine  not  exceeding  two  hundred 
dollars.     And,  provided,  further,  that  upon  the  filing  with  the 
county  judge  of  the  county  wherein  a  city  of  the  third  class  is 
situated,  of  a  petition  signed  by  a  number  of  legal  voters  equal 
to  twenty  per  cent,  or  more  of  the  total  number  of  votes  cast 
in  said  city  at  the  last  preceding  election,  in  which  presiden- 
tial electors  were  voted  for,  requesting  that  the  election  of 
members  of  the  board  of  education  in  said  city  shall  be  held 
on  a  day  other  than  the  day  for  holding  the  general  election 
therein,  said 'county  judge  shall  make  an  order,  designating 
some  day  for  the  election  of  memlbers  of  the  board  of  educa- 
tion in  said  city,  which  day  shall  not  be  less  than  ninety  nor 
more  than  one  hundred  and  twenty  days  after  the  day  where- 
on said  order  shall  have  been  entered.     Whenever  such  order 
shall  have  been  entered  by  said  court,  the  day  so  designated 
by  him  shall  thereafter  continue,  unless  changed  by  order  of 
court  as  herein  provided,  to  be  the  day  for  holding  elections 
for  members  of  the  board  of  education,  and  all  provisions  of 
this  act  and  of  the  law  regulating  elections  in  the  Common- 
wealth, when  not  otherwise  inconsistent,  shall  apply  to  and 
govern  such  elections,  except  that  it  shall  be  the  duty  of  the 


188  KENTUCKY  SCHOOL  LAWS  1922 

clerk  of  said  elections  to  issue  said  ballots  in  said  separate 
elections  in  the  same  mjanner  as  other  ballots  are  issued  by  him! 
in  general  elections.  Said  petition  to  be  filed  with  the  county 
court  as  aforesaid,  shall  be  filed  not  later  than  the  first  day  of 
September  of  the  regular  year  or  years  for  holding  said  elec- 
tion and  shall  show  the  place  of  residence  of  each  person  sign- 
ing it,  and  the  order  of  the  county  judge  with  reference  there- 
to shall  be -entered  within  fifteen  days  after  the  filing  of  the 
same.  The  expense  of  holding  said  separate  election,  if  or- 
dered, shall  be  paid  for  by  the  city  wherein  same  shall  be  held, 
out  of  its  general  fund. 

Each  voter  may  vote  for  as  many  of  said  candidates  as 
there  are  memjbers  to  be  elected,  by  making  a  cross  in  the 
square  opposite  the  name  of  each  candidate  for  whom  he 
wishes  to  vote.  The  candidates,  in  number  equal'to  the  num- 
ber of  memibers  to  be  elected,  who  have  the  highest  number 
of  votes  shall  be  declared  elected.  If  at  any  election  a  mem- 
ber is  to  be  chosen  to  fill  a  vacancy  and  to  fill  out  an  unexpired 
term,  candidates  m'ay  be  chosen  as  above  provided,  but  they, 
shall  be  designated  on  the  ballot  as  candidates  to  fill  a 
vacancy,  and  the  date  of  the  unexpired  term  shall  be  stated. 

Said  board  of  education  shall  continue,  and  it  is 
hereby  declared,  a  body  politic  and  corporate,  under  the 
name  and  style  of  board  of  education,  with  perpetual  succes- 
sion, and  by  that  name  may  contract  and  be  contracted  with, 
sue  and  be  sued,  have  and  use  a  corporate  seal,  the  same  to 
renew  or  alter  at  pleasure ;  may  purchase,  receive,  hold,  lease, 
sell  and  dispose  of  real  and  personal  estate  for  public  schools 
of  the  city,  and  the  property  and  funds  thereunto  belonging 
shall  be,  and  is  hereby,  vested  in  said  board,  subject  to  the 
provisions  of  this  law.  It  shall  have  power  to  make  by-laws 
and  rules,  not  in  conflict  herewith,  necessary  for  the  discharge 
of  its  duties  and  the  government  of  its  proceedings.  It 
shall  meet  once  in  each  month,  or  oftener  if  necessary,  and  a 
majority  elect  of  said  board  shall  constitute  a  quorum  for  the 
transaction  of  business,  and  the  yeas  and  nays  shall  be  entered 
on  record.  The  meetings  of  said  board  shall  be  held  in  some 
public  place,  and  a  correct  record  of  its  proceedings  shall  be 


MUNICIPAL  SCHOOLS— CITIES  OF  THIRD  CLASS  189 

kept  in  a  book  provided  for  that  purpose,  which  shall  be  a 
public  record. 

(§  3463  Ky.  St.)  Board  of  Education  to  Determine  Quali- 
fications of  Members— Filling  Vacancies.— Said  board  of  edu- 
cation shall  determine  the  qualification  of  its  members.  It 
shall  have  the  power  to  fill  until  the  next  general  election  all 
vacancies  in  said  board  occasioned  by  death,  removal  or  other 
cause.  (As  re-enacted  March  22,  1920,  C.  53,  p.  224,  Sec.  2.) 

(§  3464  Ky.  St.)  Property  Dedicated  to  Use  of  Public 
Schools.— All  property  now  used  for  public  school  purposes  in 
the  city,  or  which  may  at  any  time  be  owned  by  the  board  of 
education,  and  all  the  funds  or  means  that  are  now  or  may 
hereafter  come  under  the  control  of  the  same,  are  hereby  for- 
ever dedicated  to  the  use  of  public  schools  of  the  city,  and  the 
title  to  all  property,  real  and  personal,  in  the  city  known  and 
used  as  public  school  property,  is  hereby  vested  in  said  cor- 
poration. 

Section  119a.  (§  3465  Ky.  St.)  Appointment  of  Officers 
and  Teachers — Power  to  Build  and  Purchase  Site. — Said  board 
of  education  shall  have  power  to  elect  or  appoint  such  officers 
as  may  be  necessary  for  its  own  government,  and  to  require 
covenant  with  surety  from  any  or  all  officers  for  the  faithful 
discharge  of  their  duties ;  to  make  by-laws  not  in  conflict  with 
this  charter,  the  Constitution  or  laws  of  this  State,  for  the 
carrying  out  of  the  duties  of  their  office,  and  for  the  govern- 
ment of  its  own  officers,  schools,  teachers,  pupils  and  em- 
ployees ;  to  determine  its  own  rules  of  proceedings,  and  to  ap- 
point superintendents,  teachers  and  other  officers,  and  em- 
ployes, and  regulate  and  fix  their  terms,  duties  and  compensa- 
tion, and  suspend  or  remove  them  or  any  of  them  for  cause. 


Section  2462.  School  Fund.— When  the  school  board  estimated  the 
amount  of  money  it  would  require  and  the  council  levied  a  tax  to  pay  it 
the  school  board  was  not  entitled  to  any  surplus  remaining:  after  the  ex- 
penses of  board  had  been  paid.  Board  of  Education  v.  City,  108  Ky.  209. 

The  board  of  education  of  a  city  of  the  third  class  is  independent  of 
the  mayor  and  the  council.  Board  of  Education  of  Bowling-  Green  v. 
Townsend,  Mayor,  140  Ky.  248. 

When  the  board  of  education  of  a  city  of  the  third  class  demands  of 
the  council  that  it  levy  a  tax  sufficient  to  meet  the  board's  demands,  not 
exceeding-  the  limit  prescribed  by  law,  it  is  the  duty  of  the  council  to 
make  the  levy  unless  it  be  shown  that  the  members  of  the  board  acted 
corruptly  or  in  bad  faith  or  embraced  in  their  expenditures  items  not  au- 
thorized by  law.  Board  of  Education  of  Bowling-  Green  v.  Townsend, 
Mayor,  140  Ky.  248. 


190  KENTUCKY  SCHOOL  LAWS  1922 

Said  board  may  purchase,  build  or  rent  any  ground,  building 
or  buildings,  necessary  or  convenient  for  the  public  school 
purposes,  and  may  make  contract  to  that  end;  and  any  prop- 
erty so  leased,  purchased  or  otherwise  occupied,  may  be  re- 
served by  terms,  deed  or  lease  to  the  public  schools  of  the  city, 
and  if  so  reserved,  shall  not  be  liable  for  any  debt  or  debts 
of  the  city  not  incurred  for  public  school  purposes.  Said 
board  may  also  receive  and  hold  for  public  school  purposes, 
any  gift  or  devise.  Id. 

Section  119a.  (§  3466  Ky.  St)  Sale  of  School  Property 
for  Reinvestment.— The  said  board  of  education  shall  have  the 
power,  two-thirds  of  the  trustees  in  office  concurring  therein, 
to  be  evidenced  upon  the  call  of  the  yeas  and  nays,  and  re- 
corded upon  the  journal  of  its  proceedings,  to  sell  and  convey 
such  of  said  school  property  for  the  purpose  of  reinvesting  all 
the  net  proceeds  of  the  same  in  the  purchase  of  other  lots,  and 
building  thereon  other  school  buildings.  And  said  board  of 
education  shall  have  no  power  to  divert  or  apply  said  fund,  or 
any  part  of  it,  to  any  other  purpose  whatsoever  than  for  the 
purchase  of  grounds  and  the  building  thereon  school  buildings 
for  public  school  purposes,  and  if  it  do  so,  the  same  shall  be 
malfeasance  in  office.  Id. 

(§  3466a  Ky.  St.)  Condemnation  of  Land  for  School  Pur- 
poses.— That  said  board  shall  have  power  when  unable  to  con- 
tract with  owners  of  any  real  estate  necessary  to  the  proper 
accomjplishment  of  the  purpose  for  which  the  board  is  created, 
to  institute  condemnation  proceedings  in  accordance  with  the 
law  governing  railroad  corporations,  operated  or  incorporated 
under  the  existing  laws  of  this  Commonwealth,  or  under  laws 
which  may  hereafter  be  enacted ;  and  to  have  in  such  proceed- 
ings the  same  rights,  powers,  privileges  and  restrictions  as  are 
now  granted  to  or  conferred  upon  railroad  corporations. 
(March  22,  1920,  C.  53,  p.  224,  Sec.  6.) 

(§  3467  Ky.  St.)  Text  Books— 'Adoption— Issue  of  Cer- 
tificates.— Said  board  of  education  shall  have  the  power  to 
select  text-books  for  use  in  said  school,  and  prescribe  the 
course  of  study,  and  it  shall  also  have  power  to  hold  examina- 
tions, determine  the  qualifications  of  its  superintendent,  prin- 


MUNICIPAL  SCHOOLS— CITIES  OF  THIRD  CLASS  191 

cipals,  teachers,  and  issue  certificates  to  same.  It  may  estab- 
lish high  schools  and  fix  the  grade  of  public  schools,  and  pre- 
scribe the  rules  by  which  pupils  may  pass  from  one  grade  to 
another,  and  from  the  graded  school  to  the  high  school.  It 
may  also  establish  and  maintain  kindergartens  and  manual 
training  schools  in  connection  with  the  public  schools. 

(§  3468  Ky.  St.)  Annual  Statements.— Said  board  shall 
at  the  end  of  each  scholastic  year  prepare  and  cause  to  be 
published  a  printed  statement  showing  the  number  of  pupils 
in  each  school,  with  the  general  condition  and  educational 
progress  mjade  therein,  the  amount,  character 'and  condition  of 
all  funds  and  other  property  belonging  to  said  schools,  to- 
gether with  such  information  as  may  be  proper  or  necessary 
for  the  benefit  of  said  schools  and  the  general  public. 

Section  120.  (§  3469  Ky.  St.)  Budget— Tax  Levy— 
Maximum. — Said  board  shall,  within  thirty  days  prior  to  the 
time  prescribed  for  the  levy  to  be  miade  in  the  charter  of  cities 
of  the  third  class,  approximately  ascertain  the  amJount  of 
money  necessary  to  be  used  to  defray  the  expenses  of  main- 
taining the  schools,  improving  or  constructing  buildings,  etc., 
thereof,  and  any  liquidation  of  the  liabilities  during  the  cur- 
rent fiscal  year,  and  report  the  sanle,  together  with  the  es- 
timated amount  to  be  received  from  the  common  school  fund 
of  the  State,  interest  on  bonds,  endowments,  etc.,  to  the  city 
auditor  or  clerk,  who  shall  thereupon  report  the  same  to  the 
general  council,  and  said  general  council  shall  make  the  neces- 
sary levy  and  collect  the  tax  to  provide  suitable  school  build- 
ings, and  to  defray  the  general  expenses  necessary  for  school 
purposes :  Provided,  That  the  levy  for  any  one  year  shall  not 
exceed  fifty  cents  on  each  one  hundred  dollars  of  value  of  tax- 
able property  in  the  city  as  returned  by  the  board  of  equaliza- 
tion. Said  tax  shall  be  paid  to  the  board  or  authorized  agent 
of  same  as  fast  as  collected.  (Re-enacted  March  22,  1920,  C. 
53,  p.  224,  Sec.  9.) 

(§  3469a-l  Ky.  St.)     Bond  Issue  for  School  Purposes- 
Popular   Election— Use    of   Proceeds— Tax   Levy  to   Pay.— 


Section   34€9.    Construction   of   section.     Board    of   Education   v.    Town- 
send,    140  Ky.    248. 


192  KENTUCKY  SCHOOL  LAWS  1922 

Whenever  the  board  of  education  shall  deem  it  necessary  for 
the  proper  accommodation  of  the  schools  of  such  city  to  pur- 
chase a  site  or  sites,  to  erect,  remodel,  repair  or  equip  school 
buildings,  or  for  any  or  all  these  purposes,  and  the  annual 
funds  raised  from  other  sources  are  not  sufficient  to  ac- 
complish said  purpose  or  purposes  and  a  bond  issue  is  neces- 
sary, said  board  is  hereby  authorized  and  empowered  to  order 
an  election  and  submjit  to  the  voters  of  their  city  the  question 
whether  or  not  the  board  of  education  thereof  shall  issue  bonds 
to  any  amount  it  deemte  sufficient,  subject  to  the  limitations 
provided  by  sections  157  and  158,  of  the  constitution  of  this 
State,  for  the  purpose  of  providing  suitable  grounds  and 
school  buildings  and  equipment;  provided,  that  due  notice  of 
said  election  shall  be  given  by  advertising  in  the  newspapers 
of  said  city  for  thirty  days  immediately  preceding  the  elec- 
tion, stating  the  time,  place  and  hours  of  said  election.  The 
board  shall  appoint  two  judges,  a  sheriff  and  a  clerk  to  hold 
said  election  in  each  precinct  in  the  city,  who  shall  be  duly 
sworn  before  acting,  and  shall  be  qualified  electors  and 
residents  of  the  city  from  which  they  are  appointed.  On  the 
day  set  apart  for  the  election,  the  officers  so  appointed  shall 
open  a  poll  in  each  precinct  of  said  city  and  shall  ask  each 
voter  duly  qualified:  "Are  you  in  favor  of  issuing  bonds  to 

the  amount  of  $ for  the  purpose  of  providing  suitable 

grounds,  school  buildings  and  equipment  for  said  city?"  And 
the  clerk  shall  record  the  answer  "Yes"  or  "No.'1  If  two- 
thirds  of  the  voters  voting  at  said  election  vote  in  favor  of  the 
issue  of  the  bonds,  they  shall,  when  so  issued,  be  placed  under 
the  control  of  the  board  of  education,  who  shall  determine 
when  and  at  what  price  and  how  they  shall  be  sold ;  provided, 
that  no  such  bonds  shall  be  sold  for  less  than  par;  nor  shall 
they  bear  greater  interest  than  six  per  cent  (6%)  per  annum. 
As  the  bonds  are  sold  their  proceeds  shall  be  placed  to  the 
credit  of  the  board  in  the  same  depository  wihich  is  selected 
for  its  other  funds  but  shall  be  kept  in  a  separate  account  and 
shall  be  used  only  for  the  purpose  or  purposes  for  which  said- 
bonds  were  issued.  The  bonds  so  issued  shall  be  designated 
"School  improvement  bonds,"  and  the  order  shall  provide 


MUNICIPAL  SCHOOLS— CITIES  OF  THIRD  CLASS  193 

the  date  and  maturity  of  such  bonds,  the  rate  of  interest  they 
shall  bear,  and  the  total  amjount  to  be  issued;  and  the  order 
shall  also  contain  the  necessary  details  in  reference  to  the  exe- 
cution and  delivery  of  said  bonds,  their  denomination,  the 
coupons  to  be  annexed,  a  tax  to  pay  the  interest,  and  a  sink- 
ing fund  to  retire  said  bonds  at  maturity. 

It  shall  be  the  duty  of  the  general  council  or  the  board  of 
commissioners,  in  addition  to  the  levy  made  for  the  miainten- 
tainance  of  the  schools  as  hereinbefore  provided,  to  levy  an- 
nually its  city  tax  levy  a  rate  that  will  raise  a  sum  that  will 
be  sufficient  to  pay  the  interest  and  create  a  sinking  fund  for 
the  payment  of  the  bonds  at  maturity.  And  the  said  taxes  as 
collected  shall  be  paid  to  the  board  of  education  or  to  its 
authorized  agent,  which  shall  create  a  sinking  fund  to  take 
care  of  said  bonds  and  pay  the  interest  thereon.  (March  22, 
1920,  C.  53,  p.  224.) 

(§  3469a-2  Ky.  St.)  Loans  Upon  Anticipated  Revenue.— 
The  board  of  education  shall  have  power  to  borrow  mjoney  on 
the  credit  of  the  board  in  anticipation  of  the  revenue  from 
school  taxes  for  the  fiscal  half  year  in  which  the  samte  is  bor- 
rowed and  pledge  said  school  taxes  for  the  payment  of  princi- 
pal and  interest  of  said  loan;  provided,  that  interest  paid 
shall  in  no  case  exceed  six  (6%)  per  cent,  and  the  principal 
shall  in  no  case  exceed  fifty  per  cent  (50%)  of  the  anticipated 
revenues  for  the  fiscal  one-half  year  in  which  same  is  bor- 
rowed. (Id.  Sec.  11.) 

Section  120a-3.  (§  3469a-3  Ky.  St.)  Tax  Levy  Not  Ex- 
One  Dollar  Per  Hundred — Other  Taxes — Applicable 
All  Schools. — That  each  city  shall  raise  a  revenue  from  ad 


Sec.   3469a-2.     School   District   in   Third   Class   City  a   Separate  Unit  for 

lance  and  Sale  of  School  Bonds.— Boards  of  education  in  cities  of  the 
class  may,  with  the  approval  of  two-thirds  of  the  legal  voters  of 
city,  issue  and  sell  school  bonds  in  any  amount  within  the  limita- 
>ns  imposed  by  sections  157-158  of  the  Constitution.  Rogan  v.  Board 
of  Education  (decided  November  15,  1921),  192  Ky.  926. 

Such  election  should  be  called  by  the  board  of  education  and  should 
be  held  by  officers  appointed  by  the  board  and  on  a  day  other  than  a 
regular  election  day.  Same  v.  Same. 

Section  3  of  Chapter  14,  Acts  1920,  authorizes  boards  of  education  in 
fourth  class  cities  to  condemn  land  "necessary  to  the  proper  accomplish- 
ment of  the  purpose  for  which  said  board  is  created."  The  board  of  edu- 
cation is  the  judge  of  the  character  or  quantity  of  land  needed,  except 
it  would  not  be  allowed  to  condemn  more  than  is  reasonably  needed  for 
the  purpose.  Practice  in  such  cases  defined.  Bell's  Committee  v.  Board 
of  Education  of  Harrodsburg,  192  Ky.  887. 

S.  L  —  7 


194  KENTUCKY  SCHOOL  LAWS  1922 

valorem  taxes  and  a  poll  tax  and  license  fees,  and  to  that  end 
the  common  council  or  compnissioners  of  each  city  shall 
provide  each  year  by  ordinance  for  the  assessment  of 
all  real  and  personal  estate  within  the  corporate 
limits  thereof,  subject  to  taxation  for  State  purposes, 
and  shall  levy  an  ad  valorem  tax  on  sarnie,  not  exceeding 
the  rate  and  limit  prescribed  in  the  constitution;  and  for 
school  purposes  not  exceeding  one  dollar  ($1.00)  on  each  one 
hundred  dollars  ($100.00)  of  taxable  property  therein,  and 
such  portion  of  the  poll  tax  or  license  fees  as  the  council  or 
commissioners  shall  designate ;  to  levy  a  poll  tax  not  exceed- 
ing one  dollar  and  fifty  cents  ($1.50)  on  each  adult  male  in- 
habitant thereof,  and  may  impose  license  fees  on  stock  for 
breeding  purposes,  on  franchises,  trades,  occupations,  and  pro- 
fessions, and  provide  for  the  collection  thereof.  All  taxes  and 
license  fees  shall  be  levied  or  imposed  by  ordinance,  and  the 
purpose  or  purposes  for  which  the  same  are  levied  or  imposed 
shall  be  specified  therein,  and  the  revenue  therefrom  shall  be 
expended  for  no  other  purpose  than  that  for  which  it  was  col- 
lected; provided  however,  that  the  limitation  hereinbefore 
prescribed  of  the  tax  that  miay  be  levied  for  school  purposes 
shall  not  apply  where  a  bonded  indebtedness  has  been  incur- 
red for  the  construction,  imjprovemjent  or  acquisition  of  school 
buildings  or  property,  and  when  such  an  indebtedness  has  been 
incurred  that  there  may  be  levied,  in  addition  to  the  tax 
hereinbefore  authorized,  an  annual  ad  valorem  tax  sufficient 
to  pay  the  interest  on  said  indebtedness  and  also  to  constitute 
a  sinking  fund  for  the  payment  of  the  principal  thereof.  The 
provisions  hereof  shall  apply  to  any  bonded  indebtedness 
whether  heretofore  or  hereafter  created.  The  provisions  of 
this  section  shall  be  applicable  to  and  for  the  benefit  of  the 
schools  in  all  cities  of  the  third  class  whether  such  school  sys- 
tem be  established  and  m(aintained  under  any  special  act  or 
amendment  thereto,  heretofore  passed  or  under  the  general 
laws  of  the  state.  (Id.  Sec.  12.) 

Section  121.  (§  3470  Ky.  St.)  Buildings,  Teachers  and 
Employes— Separation  of  White  and  Colored  Children.— Said 
board  of  education  shall  provide  and  maintain,  out  of  the 


MUNICIPAL  SCHOOLS— CITIES  OF  THIRD  CLASS  195 

funds  levied  or  otherwise  provided  for  the  purpose,  suitable 
buildings,  teachers  and  other  employes,  sufficient  for  the  edu- 
cation of  all  children  of  the  city  between  six  and  eighteen 
years  of  age,  and  shall  provide  separate  buildings  and  schools 
for  education  of  white  and  black  pupils;  and  no  white  child 
shall  be  allowed  to  attend  any  colored  school,  nor  shall  any 
colored  child  be  allowed  to  attend  any  white  school. 

(§  3471  Ky.  St.)  Oath  of  Trustee.— The  trustees  shall, 
before  entering  upon  the  duties  of  their  office,  take  the  oath, 
or  make  affirmation,  as  prescribed  by  law. 

(§  3472  Ky.  St.)  Trustees  Not  to  be  Interested  in  School 
Contracts — No  Salary. — No  memiber  of  the  board  of  education 
shall  be  or  becom^e,  directly  or  indirectly,  interested  in  any 
contract,  agreement  or  trade,  touching  the  building  of  school 
houses,  repairing  of  school  property,  selection  of  text  books 
or  other  thing,  or  use  his  official  position  to  secure  the  patron- 
age of  the  teachers  or  employes  of  the  schools.  No  member  of 
the  board  of  education  shall  receive  any  salary  for  his  services 
as  such. 

(§  3473  Ky.  St.)  Treasurer— Power— Duties.— Said  board 
)f  education  shall  elect  its  own  treasurer  and  fix  bond  of  same, 
rho  shall  keep  a  distinct  account  of  all  moneys  belonging  un- 
>,  or  which  mjay  hereafter  be  dedicated  to,  or  set  apart  for, 
mblic  schools,  and  shall  only  pay  out  or  deliver  any  of  said 
Funds,  upon  the  warrant  of  the  board  of  education,  counter- 
signed by  the  secretary,  and  approved  by  the  president  of  the 
)oard  of  education,  and  shall  perform  such  other  duties  as 
ty  be  prescribed  by  said  board. 

(§  3474  Ky.  St.)     Board  to  Have  Exclusive  Control  of 
;hooi  Funds. — Said  board  of  education  shall  have  exclusive 
mtrol  of  all  funds  of  the  city  from  whatever  source  the  sam'e 
ty  be  derived,  including  the  pro  rata  of  the  city  from  the 
)mm!on  school  fund  of  the  State.     It  shall  have  the  right  to 
ieive  all  fines,  forfeitures  and  taxes  that  may  inure  to  the 
>enefit  of  the  public  schools  of  the  city.   It  shall  have  power 
to  expend  all  moneys  in  the  interest  of  public  schools  of  the 
city,  and  the  warrants  of  the  board  of  education,  countersign- 
ed by  the  secretary  and  approved  by  the  president  of  the 


196  KENTUCKY  SCHOOL  LAWS  1922 

board,  shall  be  honored  by  the  treasurer  to  the  amount  of  the 
school  funds  in  his  custody. 

(§  3475  Ky.  St.)  Prior  Indebtedness  and  Contracts  Pro- 
vided For. — All  indebtedness,  bonded  or  othewise,  and  all 
liabilities  and  contracts  of  the  school  board,  existing  at  the 
time  this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds, 
or  other  resources  that  have  been  pledged  or  set  apart  for  the 
payment  of  the  principal  and  interest  thereof,  shall  continue 
unimpaired  and  remain  of  the  same  force  and  effect  as  though 
the  same  had  been  authorized  and  contracted  by  the  express 
provision  of  this  law. 

($  3476  Ky.  St.)  Funds— Paid  on  Order  of  Board.— No 
mloney  shall  be  drawn  from,  the  funds,  unless  the  same  shall 
have  been  appropriated  by  order  of  the  board  of  education, 
and  no  appropriation  of  mjoney  shall  be  made  to  be  paid  out 
of  said  school  funds,  unless  the  money  shall  actually  be  in  the 
treasury  to  meet  the  draft. 

Section  122.  (§  3476a  Ky.  St.)  Reports  to  State  Super- 
intendent— School  Census — Allowance  From  State  Fund. — 
That  a  city  of  the  third  class,  being  one  school  district  for  tax- 
ing purposes  and  entitled  to  its  portion  of  the  school  funds  of 
the  Commonwealth,  the  board  of  education  shall  make  detailed 
reports  annually  and  special  reports  as  required  by  the  State 
Superintendent  of  Public  Instruction.  The  board  shall  also 
in  the  year  1920,  and  every  second  year  thereafter,  or  annually 
if  they  so  desire,  cause  to  be  taken  the  census  of  school  chil- 
dren of  school  age,  and  make  returns  thereof  direct  to  the 
State  Superintendent  of  Public  Instruction  at  the  same  time 
other  officers  are  required  to  make  returns.  They  shall  make 
two  comlplete  copies  of  such  census  by  school  districts  and 
shall  file  one  copy  in  the  office  of  the  board  of  education  of 
the  city  and  the  other  in  the  office  of  the  county  superintend- 
ent of  schools. 

For  the  year  in  which  no  census  is  required  to  be  taken, 
the  State  Superintendent  of  Public  Instruction  shall  deter- 
mine the  amount  per  capita  to  be  paid  over  to  the  board  of 
education  of  such  cities,  by  adding  annually  to  the  numbers 
of  children  of  school  age  as  shown  by  the  next  preceding  cen- 


MUNICIPAL  SCHOOLS— CITIES  OF  THIRD  CLASS  197 


sus  actually  taken  such  increase  or  addition  as  he  may  ascer- 
tain to  be  the  annual  increase  of  children  of  the  district,  upon 
averaging  the  yearly  increase  shown  by  three  actual  enumera- 
tions next  preceding;  providing,  however,  that  the  board  of 
education  of  any  such  city  may  elect  to  take  an  actual  census 
in  any  of  such  years,  in  which  case  the  return  of  such  census 
shall  govern.  (March  22,  1920,  C.  53,  p.. 224.) 

(§  3477  Ky.  St.)  President  of  Board— Secretary— Salary 
and  Duties,— (Said  board  of  education  shall  elect  from  its  own 
number  a  president,  for  the  term!  of  two  years,  and  may  pre- 
scribe who  shall  preside  in  his  absence,  and  make  all  necessary 
rules,  prescribing  the  duties  of  the  presiding  officer  and  the 
government  of  itself;  and  said  board  shall  also  elect  a  secre- 
tary, at  a  salary  to  be  fixed  by  the  board,  whose  duties  it  shall 
be  to  keep  a  record  of  the  proceedings  of  all  regular  antf  spe- 
cial meetings,  countersign  all  warrants  and  contracts,  and 
whose  term  of  office  shall  be  two  years. 

(§  3478  Ky.  St.)  Library— Right  to  Establish.— Said 
board  of  education  shall  have  the  power  and  right  to  establish 
and  maintain  a  public  school  library,  out  of  any  funds  coming 
into  its  hands,  except  that  received  by  taxation,  or  from  the 
State  funds,  and  also  to  purchase  text  books  for  indigent  chil- 
dren of  the  city,  and  to  otherwise  expend  such  moneys  in  the 
interest  of  the  public  schools.  Said  board  of  education  shall 
have  the  power  and  right  to  make  rules  arid  regulations  gov- 
erning said  school  library. 

(§  3479  Ky.  St.)  Non-Resident  Pupils— Tuition.— Said 
board  shall  have  power  to  admit  to  said  school  pupils  from 
beyond  the  limits  of  the  city,  and  may  collect  therefrom,  tui- 
tion fees  for  the  benefit  of  the  schools  of  the  city,  making  de- 
duction of  taxes  for  school  purposes  on  property  in  said  city 
paid  by  parents  of  said  children;  and  on  children  of  persons 
residing  beyond  said  limits  shall  be  admitted  as  pupils  of  any 
of  said  schools  except  on  payment  of  such  tuition  fees  as  said 
board  may  require. 

(§  3480  Ky.  St.)  Repealed  Laws— Existing  General  and 
Special  Laws  Consistent  Herewith  to  be  in  Force. — That  all 
laws  and  parts  of  laws  in  conflict  herewith  are  hereby  repealed 


198  KENTUCKY  SCHOOL  LAWS  1922 

but  the  general  school  laws  of  the  State  and  all  laws  and  parts 
of  laws  applicable  to  the  general  syste^m  of  public  schools  in  a 
city  of  the  third  class  and  not  inconsistent  herewith  shall  be  in 
full  force  and  effect  in  such  city.  No  section  of  this  act  shall 
be  so  construed  as  to  repeal  or  modify  in  any  wise  any  special 
act  or  amendment  thereto  passed  heretofore  for  any  city  for 
the  establishment,  maintenance  or  carrying  on  of  a  public 
school  system,  except  such  .modifications  as  are  specifically 

set  forth  in  this  act.    (Id.,  Sec as  re-enacted  March  22, 

1920,  C.  53,  p.  224,  Sec.  24.) 


Chapter  XII. — Continued. 


MUNICIPAL    SCHOOLS—PUBLIC    SCHOOLS 

FOURTH   CLASS 


IN     CITIES     OF    THE 


See.  123.  City  constitutes  one  dis- 
trict board  a  body  cor- 
porate. 

Sec.  124.  Powers  and  duties  of 
board  denned—  to  pur- 
chase and  condemn 
school  site 

Sec.  125.  Qualifications  of  board 
members—  oath  of  office- 
no  compensation  allowed 
—exempt  from  jury  serv- 
ice— e  1  e  c  t  ion—  organiza- 
tion. 

Superintendent,  princi- 
pals, teachers  and  other 
employees  appointed  by. 


Sec.  126. 


Sec.  128. 


b. 
c. 

Sec.  129. 


Sec.  127.  Power  to  borrow  money 
in  anticipation  of  reve- 
nues—to construct  build- 
ings—purchase supplies- 
separate  schools  to  be 
maintained. 

Tax  levy— budget  system 
provided— collection  o  f 
tax— duty  of  officers. 
White  and  colored 
schools  may  be  main- 
tained under  separate 
boards. 

Budget   requirements. 
Power  to  issue  bonds. 
School       fund— escheated 
property,   etc. 

Sec.  129a.  Reports  to  be  made  an- 
nually— penalty  for  fail- 
ure to  make. 

Section  123.     (§  3587a-l  Ky.  St.)     Board   of   Education 
Created — Succeeds  to  Rights  of  Previous  Governing  Boards. — 

Each  city  of  the  fourth  class  in  this  State,  together  with  the 
territory  now  within  its  limits,  including  any  territory 
which  has  heretofore  been  added  for  school  purposes 
outside  the  limits  of  said  city  and  any  territory 
which  may  in  the  future  be  included  by  any  change 
in  the  limits  of  such  cities,  or  such  territory,  as  may  be 
added  in  the  manner  hereinafter  set  out  in  3587a-31,  shall  be 
and  constitute  a  single  school  district,  and  the  supervision  and 
government  of  commion  schools  and  common  school  property 
therein  shall  be  vested  in  a  board  of  six  trustees  to  be  called 

and  known  as  the  "Board  of  Education  of , 

Kentucky."  (In  which  place  the  name  of  such  city  shall  be  in- 
serted). Such  board  of  education  shall  be  a  body  corporate 
and  shall  have  power,  by  and  in  said  name,  to  sue  and  be  sued, 
contract  and  be  contracted  with,  purchase,  receive,  hold  and 
sell  property,  issue  its  bonds,  and  do  all  things  necessary  to  ac- 
complish the  purpose  for  the  attainment  of  which  said  school 
district  is  organized,  and  succeed  to  all  the  property,  property 
rights  and  privileges  of  whatever  kind  or  nature  granted  and 
belonging  to  any  previous  corporation,  board  of  education,  or 
school  district  in  said  city  or  in  which  said  city  was  embraced, 


200  KENTUCKY  SCHOOL  LAWS  1922 

or  officers  thereof  authorized  or  empowered  by  any  enactment 
of  the  general  assembly  of  the  State  to  do  anything  in  refer- 
ence to  the  public  education ;  provided  that  all  pending  suits  to 
which  any  previous  corporation,  board  of  education,  or  school 
district  or  officers  thereof,  is  a  party  may  be  prosecuted  to  the 
end  in  the  name  of  such  party.  The  titles  to  property  pre- 
viously granted  to  such  city  by  the  United  States  or  this  State 
for  common  school  purposes  and  the  title  to  all  school  lands 
and  other  property  of  every  kind  shall  be  vested  in  the  board 
of  education  created  by  this  act.  (March  13,  1920,  C.  14,  p. 
32,  Sec.  1.)* 

Section  124.  (§  3587a-2  Ky.  St.)  Powers  and  Duties.— 
Every  such  board  of  education  shall  have  general  and  super- 
vising central,  government  and  management  of  the  public 
schools,  including  kindergartens,  night  and  normal  schools, 
vocational  and  high  schools  as  hereinafter  provided,  and  pub- 
lic school  property  in  such  city,  with  the  right  to  use  said  prop- 
erty to  promote  public  education  in  such  ways  as  it  may  deem 
necessary  and  proper;  shall  exercise  generally  all  powers  in 
the  administration  of  the  public  school  system  therein,  appoint 
such  officers^  agents  and  employees  as  it  may  deem  necessary 
and  proper  and  fix  their  compensation  and  term  of  office; 
shall  have  power  to  fix  the  time  of  its  meetings,  to  make, 
amend,  and  repeal  rules  and  by-laws  for  its  meetings  and  pro- 
ceedings, for  the  government,  regulation  and  management  of 
the  public  schools  and  school  property  of  such  city,  for  the 
transaction  of  its  business,  and  for  the  examination,  qualifica- 
tions and  employment  of  teachers,  which  rules  and  by-laws, 


*This  act  is  entitled:  "An  act  defining-  boundaries  for  school  districts 
embracing-  cities  of  the  fourth  class  and  providing-  systems  of  schools 
for  such  districts,  and  creating-  boards  of  education  for  such  districts, 
providing  for  the  election  thereof,  defining-  their  powers  and  duties,  and 
repealing-  all  laws  in  conflict  therewith."  Inasmuch  as  this  act  "pro- 
vides systems  of  schools"  in  fourth  class  cities,  it  is  believed  that  the 
act  of  March  23,  1916,  c.  59,  p.  544,  quite  similar  in  its  provisions  is  re- 
pealed, inasmuch  as  its  application  to  such  cities  was  left  to  the  op- 
tion of  the  voters  at  a  special  election  thereon.  The  act  of  1920  is  there- 
.  fore  substituted  for  the  repealed  act  and  assigned  the  same  section 
number. 

Section  3587a-l.  The  school  trustees  had  a  right  to  dismiss  the  super- 
intendent of  the  Elizabethtown  graded  schools  without  notice  or  cause. 
Sec.  3588,  Sec.  3587  and  Sec.  3f91  do  not  affect  this  right.  Maxey  v.  Board 
of  Trustees,  Elizabethtown  District,  187  Ky.  729. 

The  city  of  Madisonville  and  the  graded  school  districts  of  which  it 
is  a  part  are  not  an  exception  in  section  18  of  chapter  14  of  the  Acts  of 
1920,  now  section  "587a-l.  Shadrack  v.  Board  of  Trustees  of  Madisonville 
School  District,  188  Ky.  345. 


MUNICIPAL  SCHOOLS-  CITIES  OF  FOURTH  CLASS         201 

when  not  inconsistent  with  the  general  law  of  the  State,  shall 
be  binding  on  such  board  of  education  and  all  parties  dealing 
with  it  until  formally  repealed  by  an  affirmative  vote  of  four 
members  of  said  board ;  to  provide  for  special  and  standing 
committees;  to  provide  for  the  appointment  of  a  medical  in- 
spector for  the  school,  and  to  take  such  other  steps  as  may  be 
proper  and  necessary  to  secure  and  maintain  the  physical  wel- 
fare of  the  pupils  therein;  to  certify  to  the  general  council  or 
the  board  of  commissioners  the  amount  of  moneys  necessary 
for  the  maintenance  and  improvement  of  the  schools  as  here- 
inafter provided ;  and  to  purchase  and  hold  all  property,  real 
and  personal,  deemed  by  it  necessary  for  the  purposes  of  pub- 
lic education,  or  for  the  investment  of  the  public  school  funds ; 
to  build  and  construct  improvements  for  such  purposes  and  to 
hold  or  sell  the  same.  (Id.,  Sec.  2.) 

(§  3587a-3  Ky.  St.)  Real  Estate— Power  to  Purchase  and 
Condemn.— It  shall  also  have  power,  when  unable  to  contract 
with  the  owner  of  any  real  estate  necessary  to  the  proper  ac- 
complishment of  the  purpose  for  which  said  board  is  created, 
to  institute  condemnation  proceedings  in  accordance  with  the 
law  governing  railroad  corporations  operated  or  incorporated 
under  the  existing  laws  of  this  Commonwealth,  under  laws 
which  may  hereafter  be  enacted ;  and  to  have  in  such  proceed- 
ings the  samje  rights,  powers,  privileges  and  restrictions,  as 
are  now  granted  to  or  conferred  upon  such  railroad  corpora- 
tions. Such  board  of  education  shall  have  all  the  powers  of 
other  school  districts  under  the  laws  of  this  State,  except  as 
hereinafter  provided.  (Id.,  Sec.  3.) 

Section  125.  (§  3587a-4  Ky.  St.)  Qualifications  of  Mem- 
bers— Relatives  Not  to  Be  Voted  For  Employment. — No  per- 
son shall  be  eligible  to  the  office  of  member  of  the  board  of 
education  who  has  not  attained  the  age  of  twenty-four  years, 
and  who  is  not  a  citizen  of  the  United  States,  and  who  has  not 
been  such  citizen  for  at  least  three  years  preceding  his  election 
and  a  resident  of  the  city  or  district  for  which  he  is  elected,  or 
who  holds  or  discharges  any  office,  deputyship  or  agency  under 
the  city  or  county  of  his  residence;  except  that  any  member 
of  said  board  or  any  existing  board,  shall  be  eligible  for  re- 


202  KENTUCKY  SCHOOL  LAWS  1922 

election ;  no  person  shall  be  eligible  to  this  office  who,  at  the 
time  of  his  election,  is  directly  or  indirectly  interested  in  the 
sale  to  the  board  of  books,  stationery,  or  other  property.  If, 
at  any  time  after  the  election  of  any  member  of  said  board,  he 
shall  become  interested  in  any  such  contract  with  or  claim 
against  said  board,  or  if  he  shall  after  election,  become  a  can- 
didate for  any  office  or  agency  or  for  the  nomination  thereto, 
the  holding  and  the  discharging  of  the  duties  of  which  would 
have  rendered  him  ineligible  before  his  election,  or  if  he  shall 
mjove  his  residence  from  the  city  for  which  he  was  chosen,  or 
if  he  shall  do  or  incur  anything  which  Would  have  rendered 
him,  ineligible  for  election,  his  office  shall,  without  further 
action,  be  vacant,  and  it  shall,  be  filled  as  herein  directed.  Pro- 
vided, that  no  member  of  said  board  shall  vote  regarding  the 
appointment  or  employment  in  any  capacity  of  any  person  re- 
lated to  said  member  as  father,  mother,  brother,  sister,  hus- 
band, wife,  son  or  daughter,  nephew  or  niece.  (Id.,  Sec.  4.) 

(§  3587a-5  Ky.  St.)     Oath  of  Office.— Every  member  of 
said  board  shall,  before   assuming  the   duties   of  his   office, 
qualify  by  taking  the  following  oath,  which  shall  be  kept  on 
record  in  such  board : 
"State  of  Kentucky, 

"County  of being  duly  sworn, 

says  that  he  is  eligible  under  the  law  to  serve  as  a  member  of 
the  board  of  education,  and  that  he  will  not,  while  serving  as 
a  member  of  such  board,  become  interested,  directly  or  in- 
directly, in  any  contract  with  or  claim  against  said  board,  and 
that  he  wdll  not  be  influenced  during  his  term  of  office  by  any 
consideration  except  that  of  mlerit  or  fitness  in  the  appoint- 
ment of  officers  or  engagement  of  employees,  and  that  he  will 
support  the  constitution  of  the  United  States  and  of  this  State, 
and  faithfully  perform  the  duties  of  his  office. 

' *  Sworn  to  and 

subscribed  before  me  this day  of _ " 

(Id.,  Sec.  5.) 

(§  3587a-6  Ky.  St.)  Compensation — Manner  of  Election. 
— No  compensation  shall  be  paid  to  the  members  of  the  board 
except  as  herein  provided,  but  they  shall  be  exempt  from  jury 


MUNICIPAL  SCHOOLS— CITIES  OF  FOURTH  CLASS         203 

duty  and  from  service  as  election  officers  during  their  term  of 
office.  The  members  of  said  board  of  education  shall  be  elect- 
ed from  the  city  or  district  at  large  for  the  term  of  four  years 
by  the  regular  voters  of  such  *city  or  district.  They  shall  be 
elected  from  the  city  or  district  at  large  without  reference  to 
wards  or  other  territorial  subdivisions,  and  such  elections  shall 
be  held  under  the  provisions  of  the  general  laws  governing 
city  elections  so  far  as  they  are  not  inconsistent  with  the  pro- 
visions of  this  act.  (Id.  Sec.  6.) 

Section  125.  (§  3587a-7  Ky.  St.)  Election  by  Secret 
Ballot— ^Nominating  Petition— Ballots— General  Election  Law 
Applicable— Proceeds.— All  elections  for  members  of  the  board 
of  education  shall  be  by  secret  ballot.  Said  ballot  shall  be  on 
a  separate  sheet  from  all  other  ballots  to  be  used  in  any  elec- 
tion. It  shall  be  the  duty  of  the  county  clerk  of  any  county 
in  which  a  city  of  the  fourth  class  is  situated,  to  cause  to  be 
printed  on  said  ballot  the  names  of  all  candidates  for  mem- 
bership on  said  board  of  education,  in  whose  behalf  he  shall 
be  petitioned  so  to  do  in  writing  by  not  less  than  fifty  legal 
voters  of  such  district.  The  petition  must  be  filed  in  the  of- 
fice of  the  county  clerk  not  more  than  sixty  and  not  less  than 
fifteen  days  the  day  before  the  day  of  election,  and  each  peti- 
tion mnist  be  signed  by  the  requisite  number  of  qualified  per- 
sons and  shall  show  the  place  of  residence  of  each  person  sign- 
ing it,  and  no  person  shall  sign  more  petitions  than  the  num- 
ber of  offices  to  be  filled. 

tSaid  ballot  shall  be  in  the  form  prescribed  for  ballots  by 
general  election  law  of  the  State,  except  that  no  party 
emblem  or  other  emblem  of  distinguishing  mark  shall  be 
placed  upon  said  ballot,  save  the  words,  "school  ticket,'7  at 
the  head  thereof;  and  that  the  names  of  all  candidates  for 
membership  in  the  board  of  education  shall  be  printed  on  said 
ballot  in  a  single  column  in  the  order  the  petitions  are  filed. 
As  msany  additional  lines  shall  be  left  blank  as  there  are  mem- 

tto  be  elected. 
The  provisions  of  the  general  election  law  of  the  State  of 
Kentucky  as  to  the  duties  of  the  county  clerks  and  other  pub- 
officers  in  the  miatter  of  printing  and  distributing  ballots, 


»D 


204  _       KENTUCKY  SCHOOL  LAWS  1922 

of  issuing  them  to  voters,  of  receiving  and  depositing  them  in 
the  ballot  boxes  and  of  counting  and  preserving  them,  and  in 
other  particulars  except  as  otherwise  provided  herein,  shall  be 
applicable  in  all  respects  to  the  'election  of  members  of  the 
board  of  education.  Provided,  that  it  shall  be  the  duty  of  the 
sheriff  of  each  county  in  which  a  city  of  the  fourth  class  is 
situated  to  provide  for  each  precinct  in  said  city  or  district  a 
separate  box  for  the  reception  of  the  ballots  used  in  the  elec- 
tion of  members  of  the  board  of  education. 

And  provided  further,  that  it  shall  be  the  duty  of  the 
judge  of  the  opposite  political  faith  to  the  clerk  of  election  in 
each  precinct  to  issue  the  school  ballots  in  the  manner  as  other 
ballots  are  issued  by  the  clerk  of  election,  by  writing  the  name 
and  residence  of  the  voter  upon  the  primary  stub,  and  his 
registered  number  upon  the  secondary  stub  of  the  school  bal- 
lot, and  by  observing,  as  to  these  ballots,  such  other  regula- 
tions for  the  issue  and  deposit  of  ballots  as  may  be  prescribed 
for  elections  generally.  It  shall  be  unlawful  for  an  election 
officer  or  other  person  within  the  election  booth  to  tell  or  indi- 
cate by  word  of  mouth  or  otherwise  to  a  voter  what  m|ay  be 
the  political  affiliation  of  any  candidate,  and  a  violation  of  this 
provision  shall  be  a  misdemeanor  punishable  by  fine  not  ex- 
ceeding two  hundred  dollars.  (Id.,  Sec.  7.) 

(§  3587a-8  Ky.  St.)  Number  of  Candidates  to  be  Voted 
For. — Each  voter  may  vote  for  as  many  of  said  candidates  as 
there  are  members  to  be  elected,  by  making  a  cross  opposite 
the  name  of  each  candidate  for  whom  he  wishes  to  vote.  The 
candidates,  equal  in  number  to  the  number  of  members  to  be 
chosen,  who  have  the  highest  number  of  votes,  shall  be  de- 
clared elected.  (Id.,  Sec.  8.) 

(§  3587a-9  Ky.  St.)  Old  Boards  to  Reorganize— New 
Boards  Elected— Terms  of  Members— Officers— Regular  Meet- 
ings— Records  Public. — Upon  this  law  going  into  effect  where 
system^  of  public  schools  have  been  maintained  embracing 
cities  of  the  fourth  class  under  laws  in  force  in  the  State  of 
Kentucky,  whether  by  special  charters  or  general  laws,  such 
schools  shaU  automatically  come  under  the  provisions  of  this 
law,  and  the  qualified  and  acting  boards  of  education  or  trus- 


MUNICIPAL  SCHOOLS— CITIES  OF  FOURTH  CLASS         205 

tees  of  such  schools  shall,  at  once,  organize  under  this  law  and 
be  and  become  entitled  to  all  of  its  powers,  rights  and  bene- 
fits, and  shall  serve  as  a  board  of  education  for  such  district 
until  the  31st  day  of  December,  1920.  At  the  election  occurring 
in  the  month  of  November,  1920,  a  new  board  of  education, 
consisting  of  six  memjbers,  shall  be  elected  as  herein  provided, 
and  such  board  shall,  after  having  qualified  by  taking  the  oath 
prescribed  by  law,  assume  office  on  the  first  Monday  in  Jan- 
uary, 1921,  and  shall  meet  at  the  office  of  the  board  of  educa- 
tion in  said  district  on  said  day  and  proceed  to  organize  by 
electing  one  of  their  number  president  and  another  vice-pres- 
ident. Provided  that  in  cities  where  boards  of  education  were 
elected  -at  the  1919  November  election  for  a  term  of  two  years 
or  more,  the  method  of  selecting  the  board  members  as  herein 
provided  shall  not  be  put  into  operation  until  the  election  oc- 
curring in  the  month  of  November,  1921,  said  members  assum- 
g  office  on  the  last  Monday  of  January,  1922.  Within  one 
eek  after  the  organization  of  said  board,  it  shall  mfeet  to 
ivide  its  members  by  lot  in  such  manner  as  they  shall  deter- 
ine,  into  two  classes,  as  follows :  The  first  class,  consisting  of 
ree  members,  shall  hold  office  through  the  31st  day  of  De- 
ember,  1922,  and  the  'second  class,  through  the  31st  day  of  De- 
ember,  1924.  At  the  election  every  two  years  thereafter  an 
lection  shall  be  held  to  fill  the  term  of  the  members  of  the 
board  of  education  whose  terms  will  expire  on  December  31st 
following,  and  the  members  so  chosen  shall  hold  office  for  four 
ears,  or  until  their  successors  are  elected  and  qualified.  At 
ts  first  regular  meeting  after  the  1st  of  January  in  each  year 
ollowing  said  regular  elections,  said  board  of  education  shall 
rganize  by  electing  one  of  its  members  president  and  another 
ice-president.  The  board  shall  hold  meetings  regularly  at  least 
nee  a  month,  and  shall  keep  a  correct  record  of  its  proceed- 
ngs  in  a  book  provided  for  that  purpose,  which  shall  be  a 
ublic  record  open  to  inspection  of  any  officer  or  citizen  of  the 
ity  or  district. 

Until  the  qualification  of  the  new  board  as  herein  pro- 
ded,  administration  of  the  public  schools  and  the  manage- 
ent  of  school  property  in  such  district  shall  remain  in  the 


206  KENTUCKY  SCHOOL  LAWS  1922 

control  of  the  existing  board  of  education  as  hereinbefore  pro- 
vided, with  all  the  powers  and  rights  given  by  this  act  and  as 
existing  prior  to  the  passage  of  this  act  not  in  conflict  there- 
with; and  the  board  of  education  elected  at  the  November 
election,  1920  shall  continue  the  employment  and  service  of  any 
existing  officers,  teachers,  agents  or  other  employes,  subject 
to  removal  for  cause,  in  their  several  capacities  in  connection 
with  the  administration  of  school  affairs,  until  the  close  of  the 
term  for  which  they  have  been  elected.  (Id.,  Sec.  9.) 

(§  3587a-10  Ky.  St.)  Member  Failing  to  Attend  Meeting  of 
Board. — Any  miemlber  failing  to  attend  the  meeting  of  the 
board  for  three  consecutive  regular  meetings,  unless  excused 
by  the  board  for  reasons  satisfactory  to  the  board,  shall  be 
deemed  to  have  vacated  his  seat.  (Id.,  Sec.  10.) 

(§  3587a-ll  Ky.  St.)  Vacancies— How  Filled.— Any  va- 
cancy in  said  board,  from  whatever  cause  occurring,  shall  be 
filled  by  the  other  members  of  the  board  as  soon  as  practicable 
after  such  vacancy  occurs.  The  member  so  chosen  shall  hold 
office  for  the  remaining  part  of  the  term  of  his  predecessor, 
and  until  his  successor  is  elected  and  qualified,  subject  to  the 
provisions  of  section  152  of  the  Constitution  of  Kentucky.  (Id., 
Sec.  11.) 

(§  3587a-12  Ky.  St.)  Rules  and  By-Laws  for  Government 
of  Schools. — All  rules  and  by-laws  heretofore  made  by  the 
boards  of  education,  trustees  or  controlling  officers  of  such 
district  shall  continue  in  force  so  far  as  consistent  with  this 
act  until  repealed  or  altered  by  such  board  of  education ;  and 
the  said  board  of  education  m<ay  make  any  rules  or  by-laws  it 
deems  proper  for  the  government,  regulation,  and  management 
of  the  schools  and  school  property  and  for  the  examination, 
qualification  and  employment  of  teachers.  (Id.,  Sec.  12.) 

Section  126.  (§  3587a-13  Ky.  St.)  Superintendent— Ap- 
pointment— Term — Removal — Powers  and  Duties — Assistant 
Superintendents— Appointment  of  Teachers,— The  board  of 
education  shall  appoint  a  superintendent  of  schools  whose 
term,  of  office  shall  begin  on  July  1st  following  his  appoint- 
ment, and  who  shall  serve  for  a  term  of  one  year.  He  may  be 
removed  by  four  members  of  the  board  for  cause,  and  the 


MUNICIPAL  SCHOOLS— CITIES  OF  FOURTH  CLASS         207 

vacancy  thus  created  shall  be  filled  by  the  board  only  until 
the  1st  day  of  July  following,  when  the  temporary  incumbent, 
or  some  other  person,  shall  be  appointed  for  a  first  term  of  one 
year  as  hereinbefore  provided.  The  board  of  education  may, 
on  the  nomination  of  the  superintendent  of  schools,  appoint  as 
m;any  assistant  superintendents  as  it  may  deem  necessary, 
whose  compensation  shall  be  fixed  by  the  board  and  who  may 
be  removed  for  cause  by  the  superintendent,  with  the  approval 
of  four  'members  of  the  board. 

The  superintendent  of  schools  shall  qualify  by  taking  the 
oath  prescribed  by  law,  and  shall  have  general  supervision, 
subject  to  the  control  of  the  board,  of  the  course  of  instruc- 
tion, discipline  and  conduct  of  the  schools,  text  books  and 
studies ;  and  all  appointments,  promotions, ,  dismissals  and 
transfers  of  teachers  and  truant  officers,  and  introduction  and 
change  of  text  books  and  apparatus  shall  be  made  only  upon 
the  recommendation  of  the  superintendent  and  the  approval 
of  the  board.  The  superintendent  shall  have  power  to  sus- 
pend any  teacher,  pupil  or  truant  officer  for  cause  deemed  by 
him  sufficient,  and  the  board  of  education  shall  take  such 
action  upon  the  restoration  or  removal  of  such  person  as  it  may 
deem  proper.  All  appointments  and  promotions  of  teachers 
shall  be  made  upon  the  basis  of  merit,  to  be  ascertained,  as 
far  as  practicable,  in  cases  of  appointment  by  examination  and 
in  case  of  promotion  by  length  and  character  of  service.  The 
board  of  education  shall  provide  for  the  examination  of  teach- 
ers^ and  issue  certificates  to  them.  It  nnjay  recognize  State 
diplomas,  State  certificates  or  State  University  and  Normal 
School  certificates  which  are  valid  under  the  general  school 
laws.  The  superintendent  of  schools  shall  devote  himself  ex- 
clusively to  the  duties  of  his  office,  and  shall  have  power  to 
appoint  clerks,  whose  number  and  salary  shall  be  fixed  by  the 
board,  and  shall  have  power  to  remove  the  same ;  shall  exercise 
general  supervision  over  the  schools  of  the  city,  examine  their 
condition  and  progress,  and  shall  keep  himself  informed  of  the 
progress  of  education  in  other  cities.  He  shall  advise  himself 
of  the  need  of  extension  of  the  school  system  of  the  city,  shall 
make  report  from  time  to  time  as  may  be  fixed  by  the  rules  or 
directed  by  the  board,  and  shall  be  responsible  to  the  board  for 


208  KENTUCKY  SCHOOL  LAWS  1922 

the  condition  of  the  instruction  and  discipline  of  the  school. 
The  term  ''teacher,"  as  used  herein,  shall  include  supervisors, 
supervising  principals  and  principals.  (Id.,  Sec.  13.) 

(§  3587a-14  Ky.  St.)  Secretary— Appointment— Salary- 
Duties  and  Powers. — The  board  of  education  may  appoint  a 
secretary,  who  may  or  may  not  be  -a  memiber  of  the  board,  who 
shall  receive  a  reasonable  salary  to  be  fixed  by  the  board  of 
education.  He  shall  keep  the  records  of  the  board  of  educa- 
tion, and  perform]  such  other  duties  as  may  be  imposed  upon 
him  by  said  board.  The  orders  of  the  board  shall  be  valid 
when  countersigned  by  the  president  and  secretary  of  said 
board.  All  checks  issued  by  said  board  shall  be  given  in  the 
name  of  the  board  of  education  and  signed  by  the  secretary 
of  said  board.,  All  checks  issued  by  said  board  shall  be  given 
in  the  name  of  the  board  of  education  and  signed  by  the  secre- 
tary and  countersigned  by  the  president.  The  secretary  shall 
be  custodian  of  all  securities,  documents,  title  papers,  books 
of  record,  and  other  papers  belonging  to  the  board,  under 
such  conditions  as  the  board  may  direct.  (Id.,  Sec.  14.) 

(§  3587a-15  Ky.  St.)  Treasurer— Term—Bond— Duties. 
— Said  board  of  education  shall  elect  annually  its  own  treas- 
urer whose  term  of  office  shall  begin  on  the  first  day  of  July, 
and  fix  bond  of  same,  who  shall  keep  a  distinct  account  of  all 
moneys  belonging  unto  or  which  may  hereafter  be  dedicated 
to  or  set  apart  for  public  schools,  and  shall  only  pay  out  or 
deliver  any  of  said  funds  upon  the  warrant  of  the  board  of 
education  signed  by  the  secretary  and  countersigned  by  the 
president  of  the  board  of  education,  and  shall  perform  such 
other  duties  as  may  be  prescribed  by  said  board.  (Id.,  Sec. 
15.) 

Section  127.  (§  3587a-16  Ky.  St.)  Power  to  Borrow 
Money — Employment  of  Architect — Other  Employees  and 
Agents, — The  board  of  education  shall  have  the  power  to  bor- 
row money  on  the  credit  of  the  board  in  anticipation  of  the 
revenue  from,  school  taxes  for  the  fiscal  half  year  in  which  the 
sam;e  is  borrowed  and  pledge  said  school  taxes  for  the  payment 
of  the  principal  and  interest  of  said  loan;  provided  that  the 
interest  paid  shall  in  no  case  exceed  six  per  centum  per  an- 


MUNICIPAL  SCHOOLS— CITIES  OF  FOURTH  CLASS         209 

num  and  the  principal  shall  in  no  case  exceed  fifty  per  cent  of 
the  anticipated  revenue  for  the  fiscal  half  year  in  which  the 
same  is  borrowed. 

Said  board  of  education  shall  also  have  authority  to  em- 
ploy an  architect  when  necessary,  and  to  fix  his  compensation. 
The  board  of  education  shall  also  have  power  to  appoint  such 
other  engineers,  janitors  and  other  employes  and  agents  as 
may  be  necessary  for  the  proper  conduct  of  the  schools.  (Id 
Sec.  1.) 

(§  3587a-17  Ky.  St.)  Contracts  for  New  Buildings,  Im- 
provements and  Repairs— Purchase  of  Supplies.-^The  contract 
for  the  erection  of  school  buildings  and  additions  thereto  shall 
be  made  by  said  board  of  education  after  public  letting  to  the 
lowest  and  best  responsible  bidder  complying  with  the  terms 
of  letting,  but  it  may  reject  all  bids.  The  necessary  specifica- 
tions and  drawings  shall  be  prepared  for  all  such  work,  and 
bids  therefor  shall  be  solicited  by  such  advertisement  as  the 
board  of  education  may  provide.  All  work  or  repairs,  altera- 
tions and  construction,  other  than  such  original  erections  and 
additions,  shall  be  ordered  by  the  board  of  education.  Bids 
may  be  solicited  for  said  work  when  desired.  The  board  shall 
also  have  the  right  to  purchase  all  supplies,  and  may  ask  for 
bids  when  the  amount  of  the  purchase  exceeds  fifty  dollars. 
(Id.,  Sec.  17.) 

Sec.  128b.  (§  3587a-18  Ky.  St.)  Schools  for  Colored  Chil- 
dren.— The  board  of  education,  shall  provide,  maintain  and 
support  separate  schools,  and  provide  for  thei  educa- 
tion of  all  colored  children  who  are  bona  fide  resi- 
dents of  said  district  and  entitled  to  free  tuition  in 
the  common  school.  Said  colored  schools  or  children 
shall  be  entitled  to  the  same,  benefits,  be  governed  and 
controlled  by  the  same  rules  and  regulations  and  be  sub- 
ject to  the  same  restrictions  as  the  schools  herein  provided  for 
white  children ;  provided,  however,  that  where  any  city  of  the 
fourth  class  has  heretofore  organized  a  system  of  free  graded 
schools  for  the  education  of  both  white  and  colored  children 
of  said  cities  under  and  by  virtue  of  the  charter  of  cities  of  the 
fourth  class,  and  managed  and  controlled  by  the  board  of  edu- 

. 


210  KENTUCKY  SCHOOL  LAWS  1922 

cation,  and  has,  by  ordinance,  passed  by  its  general  council, 
separated  said  systems  of  graded  free  schools  into  graded, 
free,  white  common  school  for  the  white  people  of  said  district 
and  into  a  graded,  free,  colored  common  school  for  the  colored 
people  of  said  district;  or  where  such  separate  schools  have' 
existed  under  the  general  law's  of  the  State  of  Kentucky  or 
special  acts  under  separate  boards,  or  where  the  board  of  coun- 
cil of  any  district  embracing  a  fourth  class  city  shall,  by 
ordinance,  provide  for  a  separate  system  of  schools  under  this 
law  under  different  boards  said  schools  shall  be  governed  and 
controlled — the  white  schools  by  a  white  board  of  education 
and  the  colored  schools  by  a  colored  board  of  education,  to  be 
elected  on  separate  ballots  as  provided  under  Section  7  of  this 
act.  But  where  such  provision  is  not  made  by  ordinance  of 
the  board  of  council,  or  where  such  separate  boards  have  not 
heretofore  existed,  both  of  said  system's  of  schools  shall  be 
under  one  board  of  education. 

In  cities  or  districts  coming  under  the  provisions  of  this 
act,  where  two  boards  of  education,  white  and  colored,  have 
been  maintained,  the  board  of  council  of  the  city  embraced  in 
such  districts  mjay  by  ordinance  abolish  one  of  said  boards 
and  by  its  ordinance  provide  for  one  board  of  education,  to  be 
elected  and  qualified  as  is  herein  provided,  and  in  that  event 
there  shall  be  but  one  board  of  education  in  such  district. 
(Id.,  Sec,  18.) 

Section  128b.  (§  3587a-19  Ky.  St.)  Before  making  any 
tax  levy  it  shall  be  the  duty  of  said  board  of  education  to 
make  a  careful  estimate  of  the  amount  of  money  necessary  to 
be  raised  (over  and  above  the  amount  due  or  to  become  due 
to  it  from  the  State  as  provided  in  Section  21  of  the  Acts  to 
which  this  is  an  amendment)  for  purposes  as  follows: 

a.  For  mjaintenaning  the  schools. 

b.  For  repair  and  improvement  of  buildings. 

c.  For  sinking  fund  purposes. 

d.  For  paying  incidental  expenses  and  any  other  law 
claims  against  the  school  district. 

Said  estim'ate  shall  be  entered  in  full  upon  the  minute 
book  of  the  Board.  The  failure  to  make  such  estimate,  how- 
ever, shall  not  invalidate  the  levy. 


MUNICIPAL  SCHOOLS— CITIES  OF  FOURTH  CLASS         211 


At  least  thirty  days  prior  to  the  time  prescribed  in  the 
charter  of  cities  of  the  fourth  class  for  the  tax  levy  to  be  made 
for  city  purposes,  it  shall  be  the  duty  of  said  Board  of  Educa- 
tion, in  districts  where  the  boundary  thereof  is  identical  with 
the  boundary  of  a  city  of  the  fourth  class  to  levy  an  ad  valorem 
tax  for  school  purposes  upon  all  property  of  every  kind  in  the 
city  assessed  or  subject  to  taxattion  for  city  purposes.  Said 
tax  shall  be  at  such  a  rate  as  will  produce  in  that  year  the 
sum  estimated  by  the  Board  as  necessary  to  be  raised  for  the 
aforesaid  purposes.  The  Board  shall  also  levy  a  poll  tax  on 
each  person  assessed  for  poll  tax  by  said  city,  but  the  ad 
valorem  taxes  for  all  school  purposes  exclusive  of  sinking  fund 
shall  not  exceed  $1.50  on  each  $100.00  of  assessed  value  and 
the  poll  tax  shall  not  exceed  $2.00  for  each  poll.  The  assess- 
ment for  the  school  district.  Said  levy  shall  be  certified  by 
the  Board  of  Education  to  the  General  Council  or  Board  of 
Commissioners  of  the  city  and  said  General  Council  or  Board 
of  Commissioners  shall  cause  the  taxes  accuring  thereunder  to 
be  added  to  and  included  in  the  regular  tax  bills  rendered  by 
the  city  for  city  purposes  and  shall  cause  said  tax  to  be  col- 
lected by  the  same  officers  and  in  the  same  manner  and  at  the 
same  time  as  taxes  are  collected  for  city  purposes. 

All  powers  and  duties  conferred  upon  and  required  of  of- 
ficers in  collecting  taxes  for  city  purposes  are  hereby  confer- 
red upon  and  required  of  them  in  collecting  the  taxes  levied 
by  the  Board  of  Education.  The  Board  shall  pay  to  the  of- 
ficer collecting  the  tax  a  reasonable  compensation  but  not  ex- 
ceeding 2%  on  the  amount  collected. 

At  least  thirty  days  prior  to  the  time  when  the  Fiscal 
Court  of  the  county  is  required  to  make  its  levy  for  county  pur- 
poses, it  shall  be  the  duty  of  the  Board  of  Education  in  dis- 
tricts where  the  boundary  includes  a  city  of  the  fourth  class 
together  with  other  territory,  to  levy  an  ad  valorem  tax  for 
school  purposes  upon  all  property  of  every  kind  in  the  district 
assessed  for  county  purposes.  ^  Said  tax  shall  be  at  such  a  rate 
as  will  produce  in  that  year  the  sum  estimated  by  the  board  as 
necessary  to  be  raised  for  school  purposes  in  the  district.  The 
Board  shall  also  levy  a  poll  tax  on  each  person  assessed  for 


212  KENTUCKY  SCHOOL  LAWS  1922 

poll  tax  by  the  county,  but  the  ad  valorem,  tax  (for  all  school 
purposes  exclusive  of  sinking  fund)  shall  not  exceed  $1.50  on 
eash  $100.00  of  assessed  value  and  the  poll  tax  shall  not  ex- 
ceed $2.00  for  each  poll.  The  assessment  made  for  the  county 
shall  be  the  assessment  for  each  school  district.  Said  levy 
shall  be  certified  by  the  Board  of  Education  to  the  Fiscal 
Court  of  the  county  and  said  Fiscal  Court  shall  require  the 
County  Court  Clerk  to  cause  the  taxes  accuring  thereon  to  be 
added  to  and  included  in  the  regular  tax  bill  rendered  by  the 
county  for  county  purposes  and  cause  sarnie  to  be  collected  by 
the  same  officers  and  in  the  same  mjanner  and  at  the  same  time 
as  the  taxes  are  collected  for  county  purposes. 

All  powers  and  duties  conferred  upon  and  required  of  of- 
ficers in  collecting  taxes  for  county  purposes  are  hereby  con- 
ferred upon  and  required  of  them  in  collecting  taxes  levied  by 
the  Board  of  Education.  The  Board  shall  pay  to  the  officer 
for  collecting  the  taxes  a  reasonable  compensation  not  exceed- 
ing 25%  on  the  amount  collected. 

The  officer  collecting  the  school  tax  and  the  sureties  upon 
his  bond  shall  severally  be  liable  under  his  official  bond  or 
bonds  for  any  failure  in  the  performance  of  his  duties.  Within 
ten  days  after  the  close  of  each  calendar  month  the  collecting 
officer  of  said  city  or  county  shall  promptly  pay  to  the  treas- 
urer of  the  Board  of  Education  all  sums  collected  by  him  dur- 
ing the  preceding  month  less  his  commissions  and  upon  his 
failure  to  do  so  the  Board  of  Education  shall  have  the  right 
to  institute  suit  against  him  and  his  bondsmen  upon  his  official 
bond  for  all  sumis  collected  and  unpaid  by  him.  The  Board  of 
Education  shall  certify  to  the  General  Council  or  Board  of 
Commissioners  of  the  city  or  to  the  Fiscal  Court  of  the  county 
(as  the  case  may  be)  the  namse  and  address  of  its  treasurer  and 
of  any  change  in  said  name  or  address. 

The  limitation  hereinbefore  prescribed  upon  the  rate  of 
tax,  that  m)ay  be  levied  for  school  purposes  shall  not  apply 
where  a  bonded  indebtedness  has  been  incurred  for  public 
school  purposes  and  when  such  indebtedness  has  been  incurred 
there  may  be  levied  in  addition  to  the  tax  heretofore  author- 
ized an  ad  valorem  tax  sufficient  to  pay  the  interest  on  said 


MUNICIPAL  SCHOOLS— CITIES  OF  FOURTH  CLASS         213 


indebtedness  and  also  to  constitute  a  sinking  fund  for  the 
payment  of  the  principal  thereof.  The  provision  hereof  shall 
apply  to  any  bonded  indebtedness  whether  heretofore  or  here- 
after created. 

The  failure  of  the  Board  of  Education  by  inadvertence  or 
otherwise  to  make  a  levy  within  the  time  prescribed  shall  not 
invalidate  any  levy  made  thereafter.  (Acts  of  March,  1922.) 
Section  128c.  (§  3587a-20  Ky.  St.)  Improvement  Bonds 
for  Building-  Sites— Improvements,  Etc.— Papular  Election 
—Territory  District  Outside  City— Tax  to  Pay  Bonds.— 
Whenever  the  board  of  education  shall  deem1  it  neces- 
sary for  the  proper  accommodation  of  the  schools  of 
such  district  to  acquire  or  enlarge  sites  for  school 
buildings,  to  erect,  improve,  remodel,  rebuild  or  restore 
buildings  for  high  schools  or  for  any  other  purposes 
or  for  the  equipment  of  the  same  or  for  any  or  all  these  pur- 
poses, and  the  annual  funds  raised  from  other  sources  are  not 
sufficient  to  accomplishxsaid  purpose  or  purposes,  said  board 
shall  make  a  careful  estimate  of  the  amount  of  money  required 
for  such  purpose  or  purposes,  and  it  shall  certify  to  the  gen- 
eral council  or  the  board  of  conimissioners  of  said  city  the  fact 
that  an  election  for  an  issue  of  bonds  for  school  improvement 
shall  be  held  together  with  the  amount  of  mjoney  for  which 
bonds  shall  be  issued  and  the  purpose  or  purposes  to  which  the 
proceeds  thereof  shall  be  applied.  It  shall,  thereupon,  be  the 
duty  of  the  general  council  or  the  board  of  commissioners  to 
adopt  an  ordinance,  submitting  to  the  qualified  voters  of  the 
city  at  a  time  to  be  fixed  in  said  ordinance  not  less  than  fifteen 
nor  more  than  thirty  days  from,  the  time  such  certificate  is 
filed  with  it,  the  question  whether  bonds  shall  so  issue  for  the 
purpose  or  purposes  aforesaid.  The  bonds  so  issued  shall  be 
designated  as  "  school  improvement  bonds/ '  and  the  ordinance 
shall  fix  the  timie  the  bonds  shall  run,  and  if  a  serial  issue,  then 
the  amount  to  mlature  at  each  time,  and  limit  the  rate  of  in- 
terest which  shall  be  permitted  on  said  bonds,  which  shall  not 
be  exceeding  six  per  cent,  and  the  total  amount  of  bonds  to  be 
issued  and  to  provide  for  the  levy  of  a  tax  to  pay  the  interest 
d  to  either  redeem  the  bonds  as  they  mature  or  to  provide 


214  KENTUCKY  SCHOOL  LAWS  1922 

for  the  accumulation  of  a  sinking  fund  to  retire  them  at  their 
maturity. 

Whenever  the  boundary  of  the  school  district  does  not 
coincide  with  the  boundary  of  the  city  and  it  is  necessary  to 
take  a  vote  on  the  bond  issue,  it  shall  be  the  duty  of  the  county 
judge  of  the  county  in  which  said  city  is  located  to  call  an  elec- 
tion for  such  bond  issue  on  the  day  set  apart  for  said  election 
in  the  ordinance  so  adopted  by  the  said  board  of  council  for 
such  outside  territory.  In  that  event  it  shall  be  the  duty  of 
the  county  judge  of  the  county  or  counties  where  such  city  is 
located  to  perform  all  the  duties  imposed  upon  the  board  of 
council  as  set  out  in  this  section. 

The  bond  issue  herein  provided  for  shall  not  exceed  two 
per  centum  of  the  value  of  the  taxable  property  of  the  district 
to  be  estimated  by  the  assessment  next  before  the  last  assess- 
ment previous  to  the  incurring  of  the  indebtedness.  The  ques- 
tion to  be  submitted  shall  be  so  framed  that  the  voter  may,  by 
his  vote,  answer  '  '  f or '  >  or  ' l  against. ' '  If  the  voters  of  the  dis- 
trict shall  determine,  by  a  two-thirds  majority  of  those  voting, 
that  such  bonds  shall  be  issued,  they  shall,  when  so  issued,  be 
placed  under  the  control  of  the  board  of  education,  who  shall 
determine  when  and  at  what  price  and  how  they  shall  be  sold 
and  at  the  date,  number  of  bonds,  denomination,  whether 
coupon  or  registered,  the  rate  of  interest  and  frequency  of 
payment  thereof,  place  of  payment  of  principal  and 
interest,  and  other  details  as  desired  embodied  in  the 
bonds  or  in  the  ordinance  providing  for  their  issue, 
and  shall  certify  the  same  to  the  governing  body  of  said 
city  as  also  to  the  fiscal  court  of  said  county  where  territory 
outside  of  said  city  is  embraced  in  said  district,  and  it  shall 
be  the  duty  of  said  board  of  council  at  once  to  adopt  an  ordin- 
ance in  conformity  therewith  and  cause  the  bonds  to  be  at 
once  properly  prepared  and  executed  and  turned  over  to  the 
board  of  education  for  sale  and  delivery,  which  ordinance  shall 
be  certified  to  the  fiscal  court  of  said  county.  Said  bonds  shall 
be  signed ^by  the  president  and  secretary  of  the  board  of  edu- 
cation and  shall  not  be  sold  for  less  than  par  and  accrued  in- 
terest. As  the  bonds  are  sold,  their  proceeds  shall  be  placed 


MUNICIPAL  SCHOOLS— CITIES  OF  FOURTH  CLASS         215 

to  the  credit  of  the  board  of  education  in  the  same  depository 
which  is  selected  for  its  other  funds,  but  shall  be  kept  in  a 
separate  account  and  shall  be  used  only  for  the  purposes  for 
which  bonds  were  issued.  It  shall  be  the  duty  of  the  general 
council  or  the  board  of  compissioners,  in  addition  to  the  levy 
made  for  the  mjaintenance  of  the  schools  as  hereinbefore  pro- 
vided, to  ^evy  annually  in  its  tax  levy  rate  that  will  raise  a 
sum  that  shall  be  sufficient  to  pay  the  interest  and  create  a 
sinking  fund  for  the  payment  of  the  bonds  at  maturity.  The 
said  bonds,  principal  and  interest,  shall  be  a  charge  upon  the 
sinking  fund  of  said  city  and  shall  be  entitled  to  have  the  an- 
nual tax  that  shall  be  levied  as  aforesaid. 

It  shall  also  be  the  duty  of  the  fiscal  court  of  the  county 
in  which  such  school  district  is  located,  if  it  embraces  any  ter- 
ritory outside  of  said  city,  to  mjake  the  necessary  levy  of  the 
property  in  such  district  outside  of  the  boundary  of  the  city 
in  order  to  liquidate  the  said  bonded  indebtedness.  The  same 
rate  of  taxation  for  liquidating  said  bonded  indebtedness  shall 
apply  in  the  city  and  in  the  territory  in  such  district  beyond 
the  city.  (Words  in  parentheses  repealed  by  Act  of  March, 
1922.) 

(§  3587a-20  Ky.  St.)  The  said  election  shall  be  conducted 
and  carried  out  in  such  districts  in  all  respects  as  is  required 
by  law  for  elections  in  the  State  of  Kentucky,  notice  thereof 
to  be  given  and  held  by  the  same  officers  and  in  all  other 
respects  as  is  required  by  the  general  election  laws  of  the 
State  of  Kentucky. 

Section  128.  (§  3587a-21  Ky.  St.)  Payment  From  State 
Funds. — Each  of  said  systemfe  of  schools  shall  also  be  entitled 
to  and  receive  from  year  to  year  the  pro  rata  share  of  the 
State  school  funds  due  to  such  district,  as  constituted  under 
this  law,  which  shall  be  paid  by  the  State  Superintendent  of 
Public  Instruction  direct  to  the  treasurer  of  the  said  boards  of 
education,  which  fund  shall  be  taken  into  consideration  by  the 
board  of  education  in  making  its  estimate  of  amount  of  money 
necessary,  as  is  provided  for  in  Section  19  of  this  law.  (Id., 
Sec.  21.) 

Section  129.  (§  3587a-22  Ky.  St.  Escheated  Property— 
Acceptance  of  Criftg  and  Devises.— So  much  property  in  the. 


216  KENTUCKY  SCHOOL  LAWS  1922 

school  district  as  from  any  cause  escheat  to  the  'Commonwealth 
of  Kentucky,  shall  vest  in  the  board  for  the  use  and  benefits 
of  the  public  schools  in  said  district.  Said  board  may,  in  the 
name  of  the  Commonwealth,  for  the  use  and  benefit  of  the 
said  schools,  by  its  president  or  other  officer  to  be  designated 
by  it,  enter  upon  and  take  possession  of  said  property,  or  sue 
for  and  recover  the  sarnie  by  action  at  law  or  in*  equity,  and 
without  office  found.  The  board  may  sell  and  convey  any  of 
such  property  by  warranty  deed  or  otherwise.  The  board 
shall  also  have  authority  to  accept  for  the  use  and  benefit  of 
the  schools  any  gift  or  devise  which  may  be  made  to  said 
schools. 

(§  3587a-23  Ky.  St.)  Existing  Taxation  Laws  Continued  in 
Force. — All  officers  of  any  city  of  the  fourth  class,  and  of  the 
State,  concerned  with  the  assessment  and  collection  of  taxes, 
fines  and  penalties,  shall  perform  such  duties  in  relation  to  the 
levying  and  collection  of  school  taxes  and  the  collection  of 
such  fines  and  penalties,  and  the  payment  thereof  to  said  board 
for  school  purposes,  as  are  now  imposed  by  the  existing  laws 
upon  such  officers  in  relation  to  the  levy  and  collection  of 
school  taxes  and  the  collection  of  fines  and  penalties  payable 
to  the  school  funds ;  and  nothing  in  this  act,  unless  inconsistent 
therewith,  shall  be  construed  as  repealing  any  existing  law 
providing  for  the  assessment  and  collection  of  school  taxes  in 
such  city;  and  all  powers  and  duties  conferred  by  existing 
laws  upon  any  board  in  relation  thereto  shall  be  continued  in 
the  board  created  by  this  act.  (Id.,  Sec.  23.) 

(§  3587a-24.  Ky.  St.)  Kindergartens— Power  to  Estab- 
lish.— The  board  of  education  shall  have  power  to  establish  and 
maintain  kindergartens  for  children  from  four  to  six  years  of 
age,  high  schools,  night  schools  for  all  residents  of  the  city, 
and  normal  training  classes  for  the  purpose  of  training  teach- 
ers to  fill  positions  in  the  schools  of  the  city,  and  to  this  end  it 
may  prescribe  rules  and  regulations  for  the  government  of  such 
schools  and  employ  the  principals  and  other  teachers  neces- 
sary for  their  efficient  management.  (Id.,  Sec.  24.) 

(§  3587a-25  Ky.  St.)  Admission  of  Non-Resident  Chil- 
dren. — The  board  shall  have  the  power  to  admit  to  any  school 
pupils  from  beyond  the  limits  of  the  school  district,  and  shall 


MUNICIPAL  SCHOOLS— CITIES  OF  FOURTH  CLASS         217 

collect  for  these  pupils  tuition  fees  for  the  benefit  of  the  school 
fund  of  the  school  district.  Children  or  persons  residing  out- 
side of  the  limits  of  the  school  district  shall  not  be  admitted 
as  pupils  into  any  of  the  public  schools  except  upon  payment 
of  such  tuition  as  the  board  may  require,  as  aforesaid  (Id 
Sec.  25.) 

Section  129a.  (§  3587a-26  Ky.  St.)  Reports  to  State  Sup- 
erintendent—School Census.— A  city  of  the  fourth  class  and 
territory  added,  being  deemed  one  district  for  taxation  pur- 
poses, and  entitled  to  its  proportion  of  the  public  school  fund 
of  the  Commonwealth,  the  board  of  education  of  such  city 
shall  make  detailed  reports  annually,  and  special  reports  as  re- 
quired to  the  State  Superintendent  of  Public  Instruction.  The 
board  shall  also  cause  a  census  of  the  children  of  school  age  in 
such  district  to  be  taken  during  the  month  of  April  as  required 
by  law  and  the  returns  made  according  to  the  general  school 
law.  (Id.,  Sec.  26.) 

(§  3587a-27  Ky.  St.)  Publication  of  Annual  Report.— The 
board  of  education  shall,  at  the  end  of  each  scholastic  year, 
prepare  and  publish  for  the  information  of  the  public,  a  report 
which  shall  include  the  annual  reports  made  to  the  board  by 
the  superintendent  and  secretary,  together  with  such  other  in- 
formation as  may  be  proper  and  necessary  to  an  understanding 
of  the  general  condition  and  educational  progress  of  the 
schools  during  the  preceding  year.  (Id.,  Sec.  27.) 

(§  3587a-28  Ky.  St.)  Penalties  for  Violation  of  This  Law. 
— Any  member,  officer  or  employe  of  such  board  who  shall 
wilfully  violate  any  of  the  provisions  of  this  act  shall  be  deem- 
ed guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punish- 
ed by  a  fine  of  not  more  than  five  hundred  dollars,  or  by  im- 
prisonment not  exceeding  one  year,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  jury.  (Id.,  Sec.  28.) 

(§  3587a-29  Ky.  St.)  Testimony  in  Investigation  to  be 
Under  Oath. — All  testimony  taken  upon  any  investigation 
n^ade  by  the  board,  or  in  any  proceedings  before  the  board  for 
the  removel  of  any  officer  or  employe  of  the  board,  or  in  any 
investigation  made  by  any  committee  of  the  board,  shall  be  un- 


218  KENTUCKY  SCHOOL  LAWS  1922 

der  oath,  which  oath  may  be  administered  by  the  secretary  or 
any  officer  authorized  to  administer  oaths. 

(§  3587a-30  Ky.  St.)  Investigations — Power  to  Summon 
Witnesses — Penalty  for  Failure. — Said  board,  or  any  duly  con- 
stituted committee  thereof,  shall  have  the  power  in  any  in- 
vestigation or  proceedings  before  it  concerning  a  matter 
which  may  be  a  proper  subject  of  inquiry  by  it,  to  summon 
witnesses  by  subpoena  and  to  enforce  the  compulsory  attend- 
ance of  said  witnesses.  Should  any  person  so  summoned*  re- 
fuse to  attend  or  to  produce  a  paper  to  be  used  as  evidence  in 
said  investigation  or  proceedings,  or,  being  present,  refuse  to 
testify  concerning  any  matter  which  may  be  a  proper  subject 
of  inquiry,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than  ten 
and  not  more  than  fifty  dollars.  (Id.,  Sec.  30.) 

(§  3587a-31  Ky.  St.)  Adding  Suburban  Territory.- 
Whenever  it  becomes  desirable  for  a  city  of  the  fourth  class  to 
extend  the  boundary  for  school  purposes  beyond  the  city 
limits,  the  qualified  voters  in  such  territory  shall  prepare  a  pe- 
tition in  duplicate,  setting  forth  the  names  of  all  parties  to  be 
changed,  and  defining  the  proposed  change  in  the  boundary 
of  the  said  school  districts.  Said  petition  shall  be  signed  by  a 
majority  of  the  voters  in  said  territory,  and  a  copy  shall  be 
filed  with  the  board  of  education  of  such  city,  and  also  with 
the  county  board  of  education  of  the  county  in  which  said 
city  is  located.  Upon  the  approval  of  said  petition  by  the 
board  of  education  of  such  city  and  by  the  county  board  of  edu- 
cation of  such  county,  each  board  shall  make  an  order  on  its 
record  book  providing  for  the  change,  and  the  change  shall  be- 
come elective  at  once. 

(If  at  any  time  the  boundary  of  a  school  district  extends 
beyond  the  boundary  of  said  city,  the  board  of  education  shall 
file  a  copy  of  the  estimate  of  the  amount  of  money  necessary 
to  conduct  the  schools  with  the  fiscal  court  of  the  county  in 
which  said  city  is  located,  and  shall  estimate  the  amount  of 
money  which  may  be  received  from  the  city  and  from  the  ter- 
ritory beyond  the  limits  of  said  city  which  is  included  in  the 
school  district,  and  the  fiscal  court  of  said  county  shall  make 


MUNICIPAL  SCHOOLS— CITIES  OF  FOURTH  CLASS         219 

a  levy  to  cover  its  proportional  part  of  said  taxes  on  the  prop- 
erty in  said  school  district  which  is  located  outside  of  the  city 
limits.  The  rate  of  taxation  by  the  general  council  or  board  of 
commissioners  and  by  the  fiscal  court  in  such  school  district 
shall  be  the  same  in  all  cases). 

(§  3587a-32  Ky.  St.)  Laws  Not  Inconsistent  Remain  in 
Efifeot— Others  Repealed. — The  general  school  laws  of  this 
State  and  all  laws  and  parts  of  laws  applicable  to  the  general 
system  of  public  schools  in  cities  of  the  fourth  class  not  incon- 
sistent herewith  shall  be  and  remain  in  full  force  and  effect  in 
such  city  or  district,  and  all  laws  in  conflict  with  the  previsions 
of  this  act  are  hereby  repealed.  (Id.,  Sec.  32.) 

(§  3587a-33  Ky.  St.) Effective  Date.— Whereas,  in  many 
fourth  class  cities  in  this  State  coming  under  the  provisions  of 
this  act,  the  present  means  of  revenue  are  insufficient  to  main- 
tain the  schools  upon  an  efficient  basis,  as  also  adequate 
buildings  which  cannot  be  met  under  the  present  school  law, 
and  that  in  order  that  this  law  may  be  in  force  in  time  to  meet 
these  necessities  for  the  present  year  in  the  schools  in  this 
State,  an  emergency  is  hereby  declared  to  exist,  and  this  law 
shall  be  and  become  in  full  force  and  effect  upon  its  passage. 
(Id.,  Sec.  33.) 


Chapter  XIII. 


STATE    NORMAL   SCHOOLS 


Sec.  130.  Two  Normal  School  dis- 
tricts provided  for — ob- 
ject of  school — Board  of 
Regents  created —  term 
of  office,  etc. 

Sec.  131.  Powers  and  duties  of 
Board  of  Regents— organ- 
ization of  board. 

Sec.  132.  President,  professors  and 
teachers  shall  be  ap- 
pointed by  Board  of 
Reg-ents— power  to  re- 
move and  to  regulate 
duties. 

Sec.  133.  President  shall  report 
to  Reg-ents— duty  o  f 
treasurer  and  secretary- 
funds  to  be  applied  only 
to  use  intended. 


Sec.  133a.  Pupils  that  each  county 
may  send— how  selected- 
model  practice  school 
may  be  maintained— 
commission  to  locate 
first  Normal  Schools. 

Sec.  134.  Additional  appropria- 
tions—Regents may  pur- 
chase and  sell  real  es- 
tate when  same  is  nec- 
essary for  betterment  of 
school. 

Sex;.  134a.  Examination  of  stu- 
dents touching  their 
qualification  to  teach— 
limitation  on  power  to 
contract  —  miscellaneous 
appropriations. 

Sec.  134a-l.  Commission  to  locate 
two  sites— two  Normal 
Schools  provided— duties. 


Section  130.  (§  4535a-l  Ky.  St.)  Two  Normal  School 
Districts— £tyle  of.— That  the  State  of  Kentucky  be  divided 
into  two  State  Normal  School  Districts,  and  that  they  be  call- 
ed the  Eastern  Kentucky  State  Normal  School  District,  and 
the  Western  Kentucky  State  Normal  School  District,  and 
there  be  established  and  maintained  two  State  Normal  Schools 
in  this  State,  as  follows :  The  Eastern  Kentucky  State  Normal 
school,  located  in  the  Eastern  Normal  School  District,  at  Rich- 
mond, Kentucky,  and  the  Western  Kentucky  State  Normal 
School,  located  in  the  Western  Normal  School  District,  at 
Bowling  Green,  Kentucky,  the  boundaries  of  which  two  Nor- 
mal School  Districts  shall  be  fixed  the  year  following,  and  on 
the  basis  of  every  federal  census,  by  a  commission  consisting 
of  the  State  Superintendent  of  Public  Instruction  and  the  pres- 
ident of  the  Eastern  and  Western  Kentucky  State  Normal 

(March  21,  1906,  c.  102,  p.  203,  sec.  1,  as  amended  March  24,  1908,  c. 
62,  p.  157,  sec.  1.) 

Validity   of   this   act   upheld   in   Marsee    v.    Hagar,    125   Ky.    445. 

The  State  University  has  not  lost  its  identity  as  a  public  corpora- 
tion in  the  matter  of  appropriations.  The  appropriation  of  1908  did  not 
contravene  Constitution,  sections  49  and  50.  James  v.  State  University, 
131  Ky.  156. 

By  act  of  March  11,  1912  (S.  A.,  p.  148),  it  is  made  illegal  for  persons 
connected  with  the  Normal  Schools  or  State  University  to  contract  debts 
under  certain  circumstances  under  heavy  penalty.  The  title  of  this'  act  is 
rather  complicated. 

By  act  of  March  15,  1912  (S.  A.,  p.  287),  real  estate  of  the  Western 
Normal  School  is  transferred  to  "The  Board  of  Regents  for  Normal 
School  District  No.  2,"  and  power  is  given  the  corporation  to  sell  and 
convey  and  to  borrow  money  on  a  mortgage. 


STATE  NORMAL  SCHOOLS  221 

Schools,  and  which  districts  shall  always  be  as  near  equal  as 
may  be  in  white  population. 

(§  4535a-l-a  Ky.  St.)  Name  Changed.— That  the  name  of 
the  Eastern  Kentucky  State  Norm;al  School  be  and  the  same 
is  hereby  changed  from  "  Eastern  Kentucky  State  Normal 
School"  to  Eastern  Kentucky  State  Normal  School  and  Teach- 
ers' College.  (Act  of  March,  1922.) 

(§  4535a-l-b  Ky.  St.)  Name  Changed.— That  the  name  of 
the  Western  Kentucky  State  Normal  School  be  and  the  same 
is  hereby  changed  from  "Western  Kentucky  State  Normal 
School"  to  Western  Kentucky  State  Normal  School  and 
Teachers'  College.  (Act  of  March,  1922.) 

(§  4535a-2  Ky.  St.)  Objects  of  Schools.— The  object  of 
said  State  Normal  Schools  shall  be  to  more  fully  carry  into  ef- 
fect the  provisions  of  section  one  hundred  and  eighty-three 
of  the  Constitution  of  Kentucky,  by  giving  to  the  teachers  of 
the  Commonwealth  such  training  in  the  common  school 
branches  in  the  science  and  art  of  teaching,  and  in  such  other 
branches  as  may  be  deemed  necessary  by  the  Normal  Execu- 
tive Council,  hereinafter  created,  as  will  enable  them  to  make 
the  schools  throughout  the  State  efficient.  (Id.,  Sec.  2.) 

(§  4535a-3  Ky.  St.)  Boards  of  Regents  Created— Powers.— 
Inhere  is  hereby  created  a  Board  of  Regents  for  each  of  said 
Normal  Schools,  to  be  known,  respectively,  as  "The  Board  of 
Regents  for  Normal  School  District  No.  1,"  and  the  "Board 
of  Regents  for  Normal  District  No.  2."  Said  board  shall  have 
prepetual  succession,  with  power  to  contract  and  be  contracted 
with,  to  sue  and  be  sued,  to  plead  and  be  im'pleaded,  to  receive 
by  any  legal  mode  of  conveyance  property  of  any  description, 
and  to  have  and  to  hold  and  enjoy  the  same ;  also  to  make  and 
use  a  corporate  seal  with  power  to  alter  the  same;  to  adopt 
by-laws,  rules  and  regulations  for  the  government  of  their 
members,  official  agents  and  employes:  Provided,  such  by- 
laws shall  not  conflict  with  the  Constitution  of  the  United 
States  or  with  the  Constitution  of  the  State  of  Kentucky.  (Id., 
Sec.  3.) 

(§  4535a-4  Ky.  St.)  Members  of  Regents — Superintend- 
ent of  Public  Instruction  One  of. — The  Board  of  Regents  for 


222  KENTUCKY  SCHOOL  LAWS  1922 

each  of  said  schools  shall  be  composed  of  five  members,  includ- 
ing the  Superintendent  of  Public  Instruction,  who  shall  be  a 
member  and  chairman  of  each  of  said  boards.  (Id.  4.) 

(§  4535a-5  Ky.  St.)  Appointment  and  Terms  of  Board  of 
Regents — Residence,  Party  Affiliation. — Wiithin  thirty  days 
after  the  selection  of  the  normal  school  sites,  as  hereinafter 
provided,  the  Governor  shall  appoint  four  regents  for  each  of 
said  normal  schools,  two  of  which  shall  serve  for  two  years 
and  two  for  four  years,  and  until  their  successors  are  appoint- 
ed and  qualified;  and  two  memibers  shall  be  appointed  in  like 
manner  every  two  years  thereafter  to  serve  for  a  term  of  four 
years  each ; .  and,  whenever  a  vacancy  or  vacancies  occur  in 
either  of  said  boards  by  death,  resignation,  removal  from  the 
district  or  by  the  operation  of  this  law,  or  otherwise,  the  Gov- 
ernor shall,  in  like  manner,  immediately  appoint. some  com- 
petent person  or  persons  to  fill  such  vacancy  or  vacancies.  The 
person  or  persons  so  apppointed  shall  hold  office  for  the  un- 
expired  term :  Provided,  that  no  two  members  of  either  of  said 
boards  shall  be  residents  of  any  one  county,  and  that  not  m)ore 
than  three  members  of  any  of  the  said  boards,  including  the 
Superintendent  of  Public  Instruction,  shall  belong  to  the  same 
political  party.  (Id.  5.) 

(§  4535a-6  Ky.  St.)  Term;  of  First  Regents.— Said  regents 
shall  hold  their  office  for  a  term  of  four  years  from  the  first 
day  of  April  next  preceding  their  appointment  and  until 
their  successors  are  duly  appointed  and  qualified,  except  such 
as  may  be  appointed  to  fill  vacancies,  who  shall  hold  office  for 
the  unexpired  term  only.  (Id.  6.) 

(§  4535a-7  Ky.  St.)  Meetings— Secretary— Treasurer.— 
Each  of  said  Board  of  Regents  shall  hold  its  first  meeting 
within  thirty  days  after  its  appointment,  the  time  and  the 
place  of  the  meeting  to  be  designated  by  the  Superintendent 
of  Public  Instruction,  who  shall  administer  the  oath  of  office 
to  each  member.  At  this  meeting  there  shall  be  selected  a  vice 
president  and  a  secretary  for  each  of  said  boards.  Said  board 
shall  also  appoint  a  treasurer  and  such  officers  as  it  may  deem 
necessary,  but  no  mjember  of  either  of  said  boards  shall  be 
selected  as  treasurer.  (Id.  7.) 


STATE  NORMAL  SCHOOLS  223 

(§  4535a-8  Ky.  St.)     Regular  Meetings — Quarterly. Each 

board  shall  m,eet  quarterly  at  such  time  and  places  as  may  be 
agreed  upon  and,  until  the  buildings  are  arranged  for  and' 
completed,  and  as  mjuch  oftener  as  may  be  necessary,  but 
thereafter  the  regular  meetings  of  each  of  said  boards  shall  be 
held  at  its  respective  normal  school  buildings.  (See  Sec  254 
Id.  8.) 

(§  4535a-9  Ky.  St.)  Quorum.— A  majority  of  the  memb- 
ers of  said  board  shall  constitute  a  quorum  for  the  transaction 
of  business,  but  no  appropriation  of  money,  nor  any  contract 
which  shall  require  any  appropriation  or  disbursement  of 
money  shall  be  made,  nor  teacher  employed  or  dismissed,  un- 
less a  majority  of  all  the  members  of  the  board  shall  vote  for 
the  same.  (Id.  9.) 

Section  131.  (§  4535a-10  Ky.  St.)  Powers  Generally  of 
Regents.— Each  Board  of  Regents  shall  have  general  control 
and  management  of  its  Normal  School;  shall  possess  full 
power  and  authority  to  adopt  all  needful  rules  and  regulations 
for  the  guidance  and  supervision  of  the  conduct  of  the  students 
of  any  department  thereof ;  to  enforce  obedience  to  such  rules, 
to  invest  the  faculty  with  the  power  to  suspend  or  expel  any 
pupil  for  disobedience  to  such  rules,  or,  for  any  other  con- 
tumacy, insubordination  or  immoral  conduct,  and  have  au- 
thority to  apppoint  or  dismiss  all  officers  and  teachers,  to  re- 
quire such  reports  from  officers  and  instructors  as  it  may  deem 
necessary,  to  appoint  a  treasurer  for  such  school  and  to  deter- 
imine  the  amount  of  his  bond,  which  amount  shall  not  be  less 
than  ten  thousand  dollars.  (Id.  10.) 

(§  4535a-ll  Ky.  St.)  Normal  Executive  Council.— The 
Superintendent  of  Public  Instruction,  together  with  the  pres- 
ident or  head  executive  officer  of  each  State  Normal  School, 
herein  created,  shall  constitute  a  Normal  Executive  Council 
whose  duty  it  shall  be  to  prescribe  the  course  of  study  to  be 
taught  in  each  State  Normal  School  and  the  educational  quali- 
fications for  admission  to  and  graduation  from  the  same.  (Id. 
11.) 

(§  4535a-12  Ky.  St.)  Vice  President— Secretary— Pres- 
ident.— At  the  first  mleeting  of  the  Normal  Executive  Council, 


224  KENTUCKY  SCHOOL  LAWS  1922 

which  shall  occur  within  one  month  after  the  election  of  the 
president  of  the  said  Normal  School  herein  created,  there  shall 
be  elected  from  said  council  a  vice  president  and  a  secretary; 
the  Superintendent  of  Public  Instruction  shall  be  ex-officio 
president  of  the  council.  (Id.  12.) 

(§  4535a-13  Ky.  St.)  Meetings  of  Council.— This  council 
shall  hold  its  meetings  annually  or  as  much  oftener  as -may  be 
deemed  necessary,  at  the  State  Capitol,  or  at  one  of  the  Nor- 
mal School  buildings,  the  place  of  the  meeting  to  be  deter- 
mined by  the  Superintendent  of  Public  Instruction,  and  a 
majority  of  the  members  shall  constitute  a  quorum,.  (Id.  13.) 

(§  4535a-14  Ky.  St.)  Certificates  May  be  Conferred— Pri- 
vilege Conferred  by — Revocation. — Each  Board  of  Regents 
shall  have  full  power  and  authority,  subject  to  the  approval 
of  the  State  Superintendent  of  Public  Instruction,  to  confer, 
under  its  corporate  seal,  upon  students  of  said  schools  the  fol- 
lowing certificates,  viz.:  An  ' ' Elementary  Certificate/'  an 
11  Intermediate  Certificate"  and  an  " Advanced  Certificate. " 
(Id.  14.) 

The  elementary  certificate  shall  be  conferred  upon  the 
completion  of  not  less  than  one  year's  work,  and  shall  entitle 
the  holder  thereof  to  teach  in  any  public  school  in  this  State 
for  the  period  of  two  years  from  the  date  thereof  without  fur- 
ther examination.  The  intermediate  certificate  shall  be  con- 
ferred upon  the  completion  of  not  less  than  two  years'  work, 
and  shall  entitle  the  holder  thereof  to  teach  in  any  public 
school  in  this  State  for  a  period  of  four  years  from  the  date 
thereof  without  further  examination.  The  advanced  certi- 
ficate shall  be  conferred  upon  the  completion  of  not  less  than 
three  years '  work,  and  shall  entitle  the  holder  thereof  to  teach 
in  any  public  school  in  this  State  for  a  period  of  three  years 
from  date  thereof  without  further  examination,  and  if,  at  the 
end  of  the  three  years,  a  teacher  holding  an  advanced  certi- 
ficate shall  present  to  the  Board  of  Regents  which  granted  the 
same,  satisfactory  evidence  of  successful  teaching  during  said 
period,  and  of  good  moral  character,  then  the  advanced  certi- 
cate  may  be  extended  for  life,  or  good  behavior,  by  said  board, 
subject,  however,  to  the  approval  of  the  State  Superintendent 


STATE  NORMAL  SCHOOLS  225 

of  Public  Instruction;  and  it  shall  be  so  endorsed  by  the  said 
board,  and  the  holder  thereof  shall  be  entitled  to  teach  in  any 
public  school  in  this  State  during  good  behavior  without  fur- 
ther examination. 

^Whenever  the  Normjal  Executive  Board  shall  have  pre- 
pared a  course  of  study  covering  foul*  years'  work  above  high 
school,  and  either  or  both  of  the  two  Boards  of  Regents  shall 
have  put  into  operation  the  said  course,  any  student  complet- 
ing such  course  shall  be  entitled  to  receive  an  appropriate  de- 
gree, with  the  approval  of  the  State  Superintendent  of  Public 
Instruction. 

The  official  endorsement  of  the  State  Superintendent  of 
Public  Instruction  shall  be  necessary  to  validate  any  certi- 
ficate, or  extension  thereof  above  named.  Any  certificate  may 
be  revoked  for  cause  by  the  Board  of  Regents  of  the  school 
granting  the  same,  or  by  the  State  Superintendent  of  Public 
'Instruction.  Any  County  Superintendent  may,  for  cause,  re- 
voke for  his  county,  any  certificate,  of  which  revocation  im- 
mediate notice  shall  be  given  to  the  State  Superintendent  of 
Public  Instruction,  and  he  shall  have  power  to  approve  or  re- 
verse such  revocation. 

The  secretary  of  the  Board  of  Regents  shall  annually  on 
or  before  the  first  day  of  August,  transmit  to  the  State  Super- 
intendent of  Public  Instruction  the  names  of  those  receiving 
such  certificates,  their  date  of  issue,  and  the  place  of  residence 
of  each  holder,  and  the  State  Superintendent  shall  annually, 
not  later  than  August  15th,  forward  to  each  County  School 
Superintendent  a  printed  list  of  persons  holding  State  certi- 
ficates then  in  force,  and  those  authorized  to  teach  under  the 
provisions  qf  this  section,  giving  names,  residences,  dates  of 
qualification,  and  by  whom  conferred  and  the  date  on  which 
each  normal  certificate  shall  expire ;  and  the  holder  of  such  .cer- 
tificate shall  before  commencing  to  teach  a  public  school  in  any 
county  in  this  State,  notify  the  County  Superintendent  there- 
of, of  such  fact,  give  date  of  qualification  and  by  whom  con- 
ferred, and  the  County  School  Superintendent  shall  verify 
same  by  examination  of  the  list  &ent  him  by  the  State  Super- 

S.  L.— 8 


226  KENTUCKY  SCHOOL  LAWS  1922 

intendent  and  if  found  correct,  shall  duly  record  the  said 
teacher  as  eligible  to  teach  in  such  county. 

Section  132.  (§  4535a-15  Ky.  St.)  Teachers  and  Compensa- 
tion.— The  Board  of  Regents  shall  have  power  to  appoint  and 
to  remove  the  president,  professors  and  teachers  of  the  Nor- 
mal Schools,  to  fix  their  compensation,  the  commencement  and 
the  termination  of  their  respective  terms  of  office,  not  to  ex- 
ceed two  years  for  any  one  term.  (Id.  15.) 

(§  4535a-16  Ky.  St.)  Removal  of  Officers  and  Teachers- 
Causes  for. — No  president,  professor,  or  teacher  shall  be  re- 
moved except  for  incompetency,  neglect  or  refusal  to  perform 
his  duty  or  for  immoral  conduct ;  nor  shall  such  president,  pro- 
fessor or  teacher  be  removed  until  after  ten  days'  notice  in 
writing,  stating  the  nature  of  the  charges  preferred ;  and  such 
person  shall  have  an  opportunity  to  make  a  defense  before  the 
board  by  counsel  or  otherwise,  and  shall  be  allowed  to  introduce 
testimony,  which  shall  be  heard  and  determined  by  the  board. 
In  every  case  of  the  suspension  or  expulsion  of  a  student  by 
the  faculty,  the  person  so  suspended  or  expelled  shall  be  al- 
lowed to  appeal  from  the  decision  of  the  faculty  to  the  Board 
of  Regents,  and  it  shall  be  the  duty  of  the  Board  of  Regents  to 
prescribe  the  manner  and  m;ode  of  proceeding  in  the  matter  of 
such  appeal,  but  the  decision  of  the  Board  of  Regents  shall  be 
final.  (Id.  16.) 

(§  4535a-17  Ky.  St.)  Special  Meetings  of  Regents.— Upon 
the  written  request  of  any  two  members  of  the  Board  of  Reg- 
ents, or  at  the  request  of  the  faculty  and  signed  by  the  pres- 
ident and  certified  by  the  secretary  thereof,  the  chairman  of 
the  Board  of  Regents  may  call  a  special  meeting,  stating  the 
object  or  objects  thereof,  and  no  other  business  shall  be  trans- 
acted at  such  a  meeting  unless  all  the  members  of  the  board 
are  present  and  consent  thereto.  (Id.  17.) 

(§  4535a-18  Ky.  St.)  Expenses  of  Regents  Paid.— No 
member  of  the  Board  of  Regents  nor  member  of  the  Normal 
Executive  Council,  shall  draw  any  salary  for  services  as  such, 

(Id.  Sec.  14;  March  24,  1908,  c.  62,  p.  157,  sec.  2  as  amended  March  — , 
1916,  c.  110.  p.  664.  The  paragraph  beginning-:  "Whenever  the  Normal 
Executive  Board,"  and  endinsr  "State  Superintendent  of  Public  Instruc- 
tion," is  an  amendment  of  March  — ,  1922.) 


STATE  NORMAL  SCHOOLS  227 

but  shall  receive  six  cents  per  mile  for  every  mile  necessary 
to  travel  in  going  to  and  from  each  meeting  of  the  board  and 
other  legitimate  expenses,  to  be  paid  out  of  the  contingent 
fund  of  the  school.  (Id.  18.) 

§  4535a-19  Ky.  St.  Interest  in  School  Contracts  Forbid- 
den.—No  president,  professor,  teacher,  regent,  member  of  the 
Normal  Executive  Council  or  other  officer  or  employee  shall 
keep  for  sale  or  be  interested,  directly  or  indirectly,  in  any  con- 
tract or  purchase  for  the  building  or  repairing  any  structure 
or  for  fencing  or  ornamenting  the  grounds,  or  furnishing  any 
supplies  or  material  for  the  use  of  said  Normal  School.  (Id. 
19.) 

Section  133.  (§  4535a-20  Ky.  St.)  Reports  of  Presidents 
to  Regents.— The  president  of  each  Normjal  School  shall  make 
to  his  Board  of  Regents  written  reports  in  duplicate,  during 
the  month  of  August  of  each  year,  which  shall  contain  a  full 
account  of  all  receipts  of  moneys  from  appropriations,  tuitions, 
fees  and  all  other  sources,  and  the  disbursement  thereof,  and 
for  what  purpose  and  the  condition  of  the  said  Normal  School ; 
shall  also  report  a  list  of  the  nam'es  and  places  of  residence  of 
all  students  that  may  have  been  taught  in  the  Normal  School 
during  the  preceding  year,  the  number  of  terms  enrolled,  the 
number  of  days  each  has  taught  and  the  amount  of  tuition  and 
incidental  fees  paid ;  one  of  which  reports  shall  be  filed  in  the 
office  of  the  secretary  of  the  Board  of  Regents  and  the  other 
transmitted  to  and  filed  in  the  office  of  the  Superintendent  of 
Public  Instruction,  at  Frankfort,  Kentucky.  (Id.,  Sec.  20,  as 
amended  March  24,  1908,  C.  62,  p.  157,  Sec.  3.) 

(§  4535a-21  Ky.  St.)  Treasurer  and  Bond.— The  treasurer 
of  the  respective  Board  of  Regents,  before  he  enters  upon  the 
duties  of  his  office,  shall  enter  into  a  bond  to  the  Common- 
wealth of  Kentucky,  with  not  less  than  two  solvent  sureties 
or  a  guarantee  company  authorized  to  do  business  in  Ken- 
tucky, in  a  sum  of  not  less  than  ten  thousand  dollars,  to  be  ap- 
proved by  the  board,  conditioned  that  he  will  faithfully  per- 
form all  the  duties  required  of  him  by  law  as  such  treasurer, 
which  bond  shall  be  filed  with  the  secretary  of  the  board.  (Id. 


228  KENTUCKY  SCHOOL  LAWS  1922 

(§  4535a-22  Ky.  St.)  Duties,  Compensation  of  Treasurer 
—Reports  by.— It  shall  be  the  duty  of  the  treasurer  of  the 
board  to  receive  and  disburse  all  moneys  under  the  control  of 
the  Board  of  Regents  and  perform  all  such  acts  as  pertain  to 
his  office,  under  the  direction  of  the  Board  of  Regents  and  to 
make  a  report  of  the  same  to  the  board  at  its  quarterly  meet- 
ings. In  the  month  of  August  of  each  year,  the  treasurer  of 
said  board  shall  also  make  and  furnish  to  the  Board  of  Regents 
to  be  by  it  transmitted  to  the  State  Superintendent  of  Public 
Instruction,  an  abstract  of  which  shall  contain  full  accounts 
of  all  moneys  received  and  disbursed  by  the  school  during  the 
preceding  year,  stating  from  what  source  received  and  on 
what  account  paid  out  and  the  amount  paid  to  each  professor, 
teacher  or  other  officer  of  the  school,  and  on  or  before  tthe 
second  Monday  in  January,  one  thousand  nine  hundred  and 
eight,  and  every  two  years  thereafter  said  treasurer  shall 
also  report  to  the  Board  of  Regents,  to  be  by  it  transmitted 
to  the  General  Assembly  an  itemized  statement  of  all  receipts 
and  expenditures  for  the  two  calendar  years  preceding,  show- 
ing minutely  all  disbursements  of  moneys  received  from,  the 
State  or  other  sources.  The  compensation  of  the  treasurer 
shall  be  fixed  by  the  Board  of  Regents.  (Id.  22.) 

(§  4535a-23  Ky.  St.)  Secretary  and  Duties — Compensa- 
tion.— It  shall  be  the  duty  of  the  secretary  of  the  board  to  keep 
and  preserve  all  records,  books  and  papers,  belonging  to  the 
board.  He  shall  keep  a  journal  of  the  proceedings  of  the 
board,  in  which,  if  requested  by  any  member  of  the  Board  of 
Regents,  the  yeas  and  nays  on  all  questions  shall  be  entered. 
He  shall  prepare,  under  the  direction  of  the  board,  all  reports, 
estimates  and  to  execute  all  such  matters  as  belong  to  his  of- 
fice. His  compensation  shall  be  fixed  by  the  board.  (Id.  23.) 

(§  4535a-24  Ky.  St.)  Payment  of  Debts.— The  respective 
Board  of  Regents  shall,  at  their  regular  meetings,  provide  for 
the  payment  of  any  indebtedness  of  the  school,  and  for  that 
purpose  they  shall  set  apart  all  moneys  which  may  be  derived 
from  tuition  or  other  fees  paid  by  students  to  the  payment  of : 
First,  the  incidental  expenses  of  such  school ;  and,  Second,  the 
payment  of  such  indebtedness;  and  until  such  indebtedness 


STATE  NORMAL  SCHOOLS  229 

shall  be  fully  paid  off,  no  part  of  the  fund  derived  from  tuition 
or  other  incidental  fees  shall  be  used  for  the  payment  of  pro- 
fessors, teachers  or  other  officers  or  employees  of  such  school, 
nor  shall  the  board,  until  such  indebtedness  be  fully  paid,  make 
any  contract  for  the  hire,  employment  or  payment  of  profes- 
sors, teachers  or  other  officials,  or  employees  of  such  schools 
that  will  be  a  greater  sum  of  money  for  the  annual  payment 
thereof  than  the  amount  of  the  appropriation  by  the  State  for 
the  support  of  said  school  for  that  year.  (Id.  24.) 

(§  4535a-25  Ky.  St.)  Funds  to  be  Applied  to  Use  In- 
tended for  Them. — All  appropriations  made  by  the  General  As- 
sembly for  the  support  of  Normal  Schools,  or  for  the  benefit 
thereof,  and  all  grants,  gifts,  bequests  or  donations  by  any 
individual  or  corporation  for  specified  use,  shall  be  applied  to 
such  use  or  uses  and  no  other.  (Id.  25.) 

Section  133a.  (§  4535a-26  Ky.  St.)  Pupils  That  Each 
County  May  Send — How  Selected. — Each  county  in  the  State 
shall  be  the  unit  of  appointment  and  each  county  shall  be  en- 
titled annually  to  the  appointment  to  free  tuition  in  the  Nor- 
mal School,  of  the  district  in  which  it  is  located,  of  one  white 
pupil  for  every  five  hundred,  and  fraction  thereof,  over  two 
hundred  and  fifty,  of  white  school  children,  based  on  the  last 
official  school  census  preceding  the  appointment.  Said  pupils 
so  appointed  shall  be  chosen  as  follows:  The  Superintendent 
of  Schools  in  each  county  shall"  receive  and  register  the  names 
of  all  applicants  for  admission  to  said  schools  and  shall  ex- 
amine such  applicants  at  such  tinie  and  in  such  manner  as  the 
Normal  Executive  Council  may  direct,  and  the  appplicants 
found  to  possess  the  highest  qualifications ,  and  who  are  of 
giood  character,  shall  be  accepted  as  the  pupils  to  which  said 
county  is  entitled.  Said  appointment  shall  be  for  the  full  term 
of  the  prescribed  course  of  study  in  the  school,  and  any  va- 
cancy in  any  county  mjay  be  filled  in  the  same  manner  as  pro- 
vided for  regular  appointments.  Should  the  number  of  ap- 
pointees in  attendance  during  any  term  not  reach  the  number 
allowed  for  the  county,  said  county  may  during  any  other  term 
ppoint  alternates,  so  that  the  average  for  any  whole  year  from 
y  county  may  equal  the  number  to  which  it  is  entitled  under 


230  KENTUCKY  SCHOOL  LAWS  1922 

the  provisions  of  this  section.  The  Board  of  Regents  shall  have 
power,  in  case  any  pupil  so  appointed  shall  refuse  to  sign  and 
file  with  the  secretary  of  said  board  a  declaration  that  he  or  she 
will,  if  engagement  can  be  secured  by  reasonable  effort,  teach 
in  the  public  schools  of  this  State  not  fewer  than  twr>  years  up- 
on an  elementary  certificate ;  not  fewer  than  three  years  upon 
an  intermediate  or  advanced  certificate,  to  require  such  pupil 
to  pay  such  fees  and  tuitions  as  the  board  may  prescribe. 
(Id.,  Sec.  26  as  amended  March  24,  1908,  C.  62,  p.  157,  Sec.  4.) 

(§  4535a-27  Ky.  St.)  Observation  and  Practice  Work.— 
The  Board  of  Regents  of  each  school  mjay  maintain  in  connec- 
tion with  the  said  Normial  Schools,  a  model  and  practice  school, 
under  the  supervision  of  thoroughly  trained  teachers,  for  the 
purpose  of  giving  observation  and  practice  work  to  the  student 
teachers.  (Id.  27.) 

(§  4535a-28  Ky.  St.)  Location  of  Schools.— The  Gover- 
nor shall,  within  thirty  days  after  this  act  becomes  a  law,  ap- 
point a  comimission  copposed  of  seven  persons,  one  from  each 
appellate  district  of  the  State,  who  shall,  within  thirty  days 
after  their  appointmient,  meet  at  Frankfort,  Kentucky,  on  a 
dat^  fixed  by  the  Governor,  and  organize  and  arrange  to  re- 
ceive from  those  localities  in  Kentucky  desiring  to  secure  the 
location  of  said  schools,  proposals  for  donation  of  suitable 
sites  and  other  valuable  considerations,  and  shall,  within 
ninety  days  after  their  appointment,  locate  the  said  schools  in 
said  Normal  School  Districts  at  the  place  making  the  most  ad- 
vantageous offers,  all  things  considered.  All  proposals  for  sites 
or  locations  for  the  schools  shall  be  in  writing,  and  shall  be 
entered  at  large  on  the  records  of  the  comimission,  and  the  find- 
ings of  the  commission  fixing  the  locations  shall  be  in  writing 
/apd  jen,tered  at  large  on  the  records  of  the  said  commission. 
Provided,  that  no  town  or  city  shall  be  selected  for  the  loca- 
tion of  said  school  which  does  not  have  facilities  for  a  good 
water  supply  and  other  conveniences  necessary  for  the  institu- 
tion. (Id.  28.) 

Section  134.  (§  4535a-29  Ky.  St.)  Appropriation.— In 
order  to  enable  the  Board  of  Regents  to  carry  into  effect  the 
provisions  of  this  act  there  is  hereby  appropriated  the  sum  of 


STATE  NORMAL  SCHOOLS  231 

ten  thousand  dollars  ($10,000.00)  to  be  divided  equally  be- 
tween the  two  Normial  Schools  herein  provided  for,  for  the 
purpose  of  equipping  suitable  buildings,  improving  grounds, 
etc.,  [and  the  sum  of  forty  thousand  dollars  ($40,000.00)  an- 
nually] to  be  divided  equally  between  the  two  schools  to  de- 
fray the  salaries  of  teachers  and  other  current  expenses ;  pro- 
vided that  the  latter  appropriation  shall  not  become  effective 
for  any  school  until  the  buildings  have  been  equipped  and  the 
school  regularly  opened.  (Id.,  Sec.  29.)  The  words  in 
brackets  are  repealed  by  an  act  of  March  5,  1918,  C.  4,  p.  11, 
by  the  substitution  of  an  annual  tax  levy  for  the  said  annual 
appropriation.  See  Sec.  4019. 

(§  4535a-30  Ky.  St.)  Payment  of  Appropriation.— The 
money  hereby  appropriated  for  equipment  shall  be  available 
immediately  for  each  of  the  said  normal  schools  upon  the  de- 
livery of  a  good  general  warranty  deed  conveying  to  tfre  conv 
monwealth  the  property  to  be  donated  as  above  provided  and 
its  acceptance  by  the  locating  commission.  The  money  ap- 
propriated under  this  act  for  equipment  and  maintenance  of 
the  schools  shall  be  disbursed  as  follows,  viz.: 

The  chairman  and  secretary  of  the  Board  of  Regents  shall 
draw  their  warrants  for  the  equipment  and  maintenance  of 
each  school  provided  for  under  this  act  on  the  auditor  of  pub- 
lic accounts,  payable  to  the  treasurer  of  each  normal  school, 
and  upon  receipt  of  said  draft  by  the  auditor  he  shall  draw 
his  warrant  for  the  proper  amount  upon  the  treasurer  of  the 
State,  the  money  authorized  to  be  paid  out  of  the  general 
funds  not  otherwise  appropriated.  (Id.  30.) 

(§  4535a-31  Ky.  St.)  Regents  May  Purchase  and  Sell 
Real  Estate.— The  Board  of  Regents  of  each  of  said  Normal 
Schools  is  vested  with  power  to  purchase  additional  real  estate 
when  in  its  judgment  the  same  is  necessary  for  the  purposes 
of  the  school.  If  theBoard  of  Regents  be  unable  to  agree  with 
the  owner  or  owners  of  such  real  estate  as  to  its  value,  or  to 
purchase  the  same,  it  may  proceed  in  its  own  name,  in  any 
court  having  jurisdiction,  to  condenm  such  real  estate  in  the 
sarnie  manner  as  provided  by  law  in  the  condemnation  of  lands 
for  railroad  purposes.  Real  estate  acquired  by  purchase  or 
condemnation  shall  be  paid  out  of  moneys  appropriated  to 


232  KENTUCKY  SCHOOL  LAWS  1922 

said  school.  Each  Board  of  Regents  may,  on  such  terms  as  it 
may  regard  best  for  the  school,  lease  or  donate  a  lot  of  land 
for  the  purpose  of  securing  the  erection  of  a  library  thereon ; 
each  board  may  also  erect  or  lease,  from  another  for  a  term  of 
years  any  necessary  buildings  or  grounds.  Each  Board  of 
Regents  may,  when  it  regards  the  same  to  be  best  for  its 
school,  sell  and  convey  any  real  estate  or  buildings  now  owned 
»by  it,  but  the  proceeds  arising  from  such  sale  must  be  rein- 
vested in  other  real  estate  and  buildings  for  the  use  of  said 
school.  (March  24,  1908,  C.  62,  p.  157,  Sec.  5.)* 

Section  134a.  (§  4535a-32  Ky.  St.)  Certificates  to  Teach 
— Examination  of  Students — Fee — Examination  of  Papers. — 
That  students  while  in  good  faith  attending  a  State  Normal 
School  may  be  examined  for  county  teachers'  certificate  by  a 
board  of  examiners  to  be  selected  and  appointed  by  the  super- 
intendent of  the  county  in  which  such  Noririal  School  is  locat- 
ed, said  board  to  have  the  same  qualifications  as  the  regular 
county  examiner,  and  on  the  dates  provided  in  the  common 
school  law  for  examination  of  teachers.  If  such  Normal  stud- 
ents are  of  age  and  character  required  by  law  in  the  case  of 
other  candidates  for  county  certificates,  the  County  Superin- 
tendent of  the  county  in  which  the  Normal  School  they  are  at- 
tending is  located  shall  admit  them  to  examination  and  shall 
collect  from  each  the  legal  fee  of  $1.00  and  in  addition' thereto 
$1.00,  which  latter  is  to  be  used  in  defraying  the  expenses  of 
holding  the.  examination  and  in  transmitting  the  examination 
papers  as  herein  provided. 

At  the  close  of  the  examination  the  County  Superintend- 
ent shall  transmit  by  registered  mail  or  express  the  examina- 
tion papers  of  each  student  candidate,  together  with  the  legal 
fee,  (to  the  County  Superintendent  of  the  county  from  which 
said  candidate  desires  his  certificate  issued. 

The  County  Board  of  Examiners  shall  canvass  the  papers 
sent  to  them  as  above,  provided,  and  shall  issue  county  certi- 

*Section  4535a-31  is  section  5  of  an  act  of  March  24,  1908,  c.  62,  -p.  157, 
the  title  of  which  reads,  "An  act  to  amend  an-  act  approved  March  21, 
1916,  entitled  'An  act  to  establish,  etc.'  "  Section  5  provides  "That  the 
following"  is  enacted  as  an  amendment  fo  said  act  approved  March  21, 
1906,  and  as  an  additional  section  thereto,  viz." 

Is  this  section  enacted  in  compliance  with  section  51  of  the  Consti- 
tution. See  Board  of  Penitentiary  Commissioners  v.  Spencer,  159  Ky.  255. 


STATE  NORMAL  SCHOOLS  233 

ficates  upon  them,  upon  the  same  terms  and  conditions  as  in 
case  of  candidates  appearing  in  person  for  examination,  and 
as  is  now  or  may  hereafter  be  provided  by  law.) 

Section  134a.  (§  4535a-32  (2),  4535a-33,  4535a-34  Ey.  St.) 
—(These  sections  respectively  appropriated  one  hundred  and 
fifty  thousand  dollars  ($150,000.00)  each  for  the  Eastern  and 
Western  Normal  Schools  for  the  erection  of  improvemients. 
As  no  annual  or  continuing  appropriations  were  therein  pro- 
vided for,  said  sections  are  deemfed  to  have  been  for  a  special 
purpose  and  not  of  such  a  general  or  permanent  nature  as  to 
require  retention  in  the  public  and  permanent  general  stat- 
utes. Said  sections  were  2  and  3  of  an  act  of  March  16,  1908, 
C.  5,  p.  22.  The  only  permanent  feature  was  that  requiring 
the  title  to  additional  lands  purchased  for  said  improvements 
"be  miade  to  and  held  by  the  Commonwealth  of  Kentucky  for 
the  use  and  benefit  of  said  school."  See  further  Sec.  4535c.) 

(§  4535a-35  Ky.  St.)  Twenty  Thousand  Dollars  ($20,000) 
Annual  Appropriation  for  Eastern  Normal  School. — (This  sec- 
tion was  repealed  March  5,  1918,  C.  4,  by  the  substitution  of  an 
annual  tax  levy  for  the  annual  appropriation.  See  Sec.  4019. 
This  section  was  formerly  an  act  of  March  16,  1908,  C.  5,  p. 
2,  Sec.  4.) 

(§  4535a-36  Ky.  St.)  Thirty  Thousand  Dollars  Appro- 
propriation  for  Western  Normal  School. — (This  section  was 
likewise  repealed  by  the  law  cited  under  the  foregoing  sec- 
tion.) 

(§  4535b-l  Ky.  St.)  Additional  Annual  Appropriation 
for  Normal  Schools  and  State  University.— (This  section  was 
an  act  of  March  11,  1912,  C.  32,  p.  148,  Sec.  1,  and  provided 
additional  annual  appropriations  of  fifty  thousand  dollars 
($50,000)  for  the  State  university;  thirty-five  thousand  dollars 
($35,000)  for  the  Eastern  .Norm'al  School,  and  twenty-five 
thousand  dollars  ($25,000)  for  'the  Western  Normal  School, 
and  provided  for  the  manner  of  the  use  and  payment  thereof. 
By  an  act  of  March  5,  1918,  C.  4  (now  Sec.  4019),  an  annual 
tax  levy  was  substituted  for  these  annual  appropriations  and 

The  words   included  in  parentheses  are   superseded  by  -Acts  1920. 

Papers  are  now  sent  to  State  Superintendent. 

Section   4535a-32   is    subject    to   the    same    criticism   as   4535a-31. 


234  KENTUCKY  SCHOOL  LAWS  1922 

provision  as  to  how  same  shall  be  "paid"  and  "used"  is  made, 
fully  covering  the  former  provisions  of  this  section.) 

(§  4535b-2  Ky.  St.)  Penalty  for  Creating  Debt  When  No 
Funds  in  Treasury  for  Payment. — That  it  shall  be  illegal  for 
any  officer,  trustees  or  any  person  in  any  way  connected  with 
the  Eastern  Kentucky  State  Normal  School,  the  Western 
Kentucky  State  Normlal  School  or  the  State  University  of  Lex- 
ington, Kentucky,  to  contract  any  obligation  for  or  on  behalf 
of  said  institution,  when  there  is  no  money,  or  sufficient 
mjoney,  in  their  respective  treasuries  or  has  been  no  money  ap- 
propriated for  the  purpose  for  which  said  contract  or  obliga- 
tion was  made,  and  that  any  of  the  said  persons  who  fail  to 
comply  with  this  law,  shall  be  fined  in  each  case,  not  less  than 
two  hundred  and  fifty  dollars,  nor  more  than  two  thousand 
dollars,  or  confined  not  less  than  ten  days  in  jail  nor  more 
than  six  months,  or  both  so  fined  and  imprisoned. 

(§  45&5c  Ky.  St.)— Originally  an  act  of  March  15,  1912, 
C.  100,  p.  287,  being  an  appropriation  of  a  temporary  character 
to  pay  certain  obligations  (which  were  paid  by  same)  is  not 
deemed  necessary  for  inclusion  here. 

Section  134a-l.  (§431a-lc  Ky.  St.)  New  Normal  School 
Commission. — That  a  commission  is  hereby  created  to  be  known 
as  the  State  Normal  School  Commission,  consisting  of  eight 
members  who  are  citizens  of  the  State  of  Kentucky  and  over 
the  age  of  twenty-one  years,  to  be  appointed  as  follows :  Five 
by  the  Speaker  of  the  House  of  Representatives  and  three  by 
the  President  of  the  Senate,  which  is  hereby  authorized  and 
empowered  to  establish  two  new  Normal  Schools  for  the  train- 
ing of  white  elementary  teachers,  one  to  be  located  in  the 
western  part  of  the  State  and  one  to  be  located  in  the  eastern 
part  of  the  State.  The  said  Commission  is  hereby  authorized  to 
receive  gifts  of  land,  buildings  or  money  for  the  establish- 

The  act  of  1910  (S.  A.,  p.  36),  providing-  that  the  right  to  operate  an 
Industrial  school  was  dependent  upon  an  election  by  the  people  is  un- 
constitutional under  sections  1.  2,  26  and  60  of  the  Constitution.  Columbia 
Trust  Co.  v.  Lincoln  Institute,  Ky.  129. 

By  act  of  1910  (S.  A.,  p.  38),  it  is  provided  that  the  operation  of  cer- 
tain industrial  schools  shall  depend  upon  a  popular  vote  at  an  election. 

By  act  of  March  13,  1912  (S.  A.,  p.  218),  the  act  of  establishing-  a  com- 
mon school  for  the  aid  of  the  colored  people  of  Catlettsburg-  is  repealed. 

By  act  of  March  13,  1912  (S.  A.,  p.  223),  the  charter  of  the  Adairville 
public  school  district  is  repealed. 


STATE  NORMAL  SCHOOLS  235 

ment  of  these  two  normal  schools  for  white  elementary  teach- 
ers. _ 

The  ^anagement  and  control  of  these  two  normal  schools, 
when  established,  shall  be  and  is  hereby  vested  in  the  State 
Board  of  Education. 

There  is  hereby  appropriated,  out  of  the  general  funds  of 
the  State,  to  each  of  these  two  normal  schools  for  mainten- 
ance and  operation,  the  sum,  of  thirty  thousand  dollars  an- 
nually. The  Auditor  of  the  Commonwealth  is  directed  to  draw 
his  warrants  for  said  sums,  above  appropriated,  upon  requi- 
sitions signed  by  the  chairman  and  secretary  of  the  State 
Board  of  Education. 

Provided,  that  the  above  appropriation  for  maintenance 
and  operation  shall  not  become  available  for  said  normal 
schools  until  the  said  Comcmiission  has  received  for  each  of 
said  schools  gifts  of  land  suitable  to  the  purposes  of  each 
school,  and  also,  gifts  of  buildings  or  money,  or  both,  equiva- 
lent in  value  to  at  least  one  hundred  thousand  dollars. 

Provided  further,  that  if  gifts  and  donations  are  made, 
sufficient  to  establish  one  of  said  schools,  then  the  sum  of 
thirty  thousand  dollars  shall  be  available  for  the  maintenance 
and  operation  of  said  school.  (Act  of  March,  1922.) 


Chapter  XIII. — Continued. 

KENTUCKY    NORMAL    AND    INDUSTRIAL    INSTITUTE    FOR 
COLORED    PERSONS 

Sec.    135.    Board— powers  —  duties—  Sec.  137.    Appropriations— how  paid 

expenses— name  and  title.  —certification     of     teaeh- 

Sec.  136.    Agriculture  and  median-  ers. 

ical      arts— funds- tuition  Sec.  137a.  Board  empowered  to  is- 

— reports.  sue       certificates       and 

diplomas. 

Section  135.  (§  4527  Ky.  St.)  Trustees— Appoint- 
ment— Term  of  Office — Powers — Vacancies — Treasurer. — The 

State  Normal  School  for  Colored  Persons,  established  by  an 
act  of  the  General  Assembly,  approved  May  eighteenth,  one 
thousand  eight  hundred  and  eighty-six,  shall  hereafter  be  un- 
der the  control  and  supervision  of  a  board  of  trustees,  compos- 
ed of  the  Superintendent  of  Public  Instruction,  who  shall  be 
ex-officio  chairman  of  the,  board,  and  three  intelligent  and  dis- 
creet persons,  to  be  appointed  by  the  Governor  subject  to  the 
approval  of  the  Senate  who  are  hereby  constituted  a  body  cor- 
porate, with  power  to  sue  and  be  sue.d,  plead  and  be  implead- 
ed,  and  to  hold  in  trust  all  funds  and  property  now  owned  by 
said  school,  or  which  may  hereafter  be  provided  for  it,  and 
shall  be  known  and  designated  as  "The  Board  of  Trustees  of 
the  Kentucky  State  Normjal  School  for  Colored  Persons/'  pro- 
vided that  no  two  appointive  members  of  said  board  shall  be 
residents  of  any  one  county. 

The  term  of  office  for  the  three  members  appointed  by  the 
Governor  shall  begin  on  the  first  day  of  July,  one  thousand 
nine  hundred  and  eighteen,  and  one  member  thereof  shall  re- 
tire as  miay  be  determined  by  lot,  at  the  end  of  one  year  there- 
after ;  one  in  two  years  and  the  other  in  three  years ;  their  suc- 
cessor shall  be  appointed  by  the  Governor,  for  a  term  of  three 
years;  they  shall  be  subject  to  removal  by  the  Governor  for 
cause,  and  he  is  authorized  to  fill  all  vacancies  occurring  by 
death,  resignation  or  otherwise,  provided  that  the  board  as 
now  constituted  shall  continue  in  office  for  their  respective 
terms. 

Said  board  shall  adopt  such  rules  for  the  government  of 
said  school,  not  inconsistent  with  law,  as  they  deem  proper, 
and  shall  supervise  all  its  interests,  provide  for  all  its  wants, 


STATE  NORMAL  SCHOOLS  237 

confer  weekly  with  the  faculty  and  require  formal  reports  of 
the  actual  condition  of  the  school  in  every  regard.  They  shall 
biennially,  beginning  on  the  first  day  of  July,  1918,  elect  some 
suitable  person  outside  of  their  own  number  as  treasurer,  who, 
before  entering  on  his  duty  shall  give  in  bond  such  a  sum  as 
they  may  prescribe,  and  they  shall  agree  with  him  as  to  com- 
pensation: Provided,  that  in  no  case  shall  such  compensation 
exceed  one  hundred  dollars  per  annum;  Provided,  that  no 
member  of  the  board  of  trustees  of  the  State,  Normal  School 
for  Colored  Persons  shall  draw  any  salary  for  their  services  as 
such,  but  shall  be  paid  their  necessary  traveling  expenses  and 
hotel  bills  in  going  to  and  from  each  meeting  of  the  board  and 
other  letigimate  expenses  to  be  paid  out  of  any  mfoney  now  ap- 
propriated by  the  State  of  Kentucky  for  said  Normal  School 
for  Colored  Persons,  said  expenses  to  be  paid  after  an  itemized 
account  is  filed  as  is  now  required  by  law  for  similar  expen- 
ses against  the  State.  (Act  of  March,  1920,  C.  162,  p.  691.) 

(§  4527a  Ky.  St.)  Name  of  School— President  and  Pow- 
ers.— The  name  of  the  State  Normjal  School  for  Colored  Per- 
sons is  hereby  changed  to  that  of  "The  Kentucky  Normal  and 
Industrial  Institute  for  Colored  Persons,"  and  its  board  and 
trustees  shall  be  known  as  "The  Board  of  Trustees  of  the  Ken- 
tucky Normal  and  Industrial  Institute  for  Colored  Persons." 
The  presiding  officer  of  the  institute,  who  shall  be  selected  by 
the  board  of  trustees,  shall  be  styled  the  "President  of  the  In- 
stitute," and  shall  be  the  chief  administrative  officer  of  the 
institution  under  the  control  of  the  board  of  trustees,  and  be 
ex-officio  a  member  of  the  board  of  trustees,  and  hold  his  of-* 
fice  indefinitely,  at  the  will  of  the  said  board,  but  the  superin- 
tendent shall  have  no  vote  in  his  own  election  or  retention  in 
office.  (March  18,  1902,  C.  33,  p.  71.) 

Section  136.  (§  4528  Ky.  St.)  Department  of  Agricul- 
ture and  Mechanics — Fund  for. — There  shall  be,  maintained  in 
said  institution  a  department  for  the  education  of  colored 

Mandamus  rightly  issued  against  the  State  Superintendent,  who  was 
ex-officio  chairman  of  the  board  of  trustees  of  the  Kentucky  Normal 
Institute,  to  compel  him  to  sign  in  his  official  capacity  a  diploma 
awarded  by  the  board  of  trustees  at  a  session  which  he  refused  to  at- 
tend without  valid  excuse.  The  duty  to  sign  the  same  was  independent 
of  the  fact  that  the  certificate  would  have  been  g-ood  without  his  signa- 
ture. Hamlett,  State  Superintendent  v.  Reid,  165  Ky.  613. 


238  KENTUCKY  SCHOOL  LAWS  1922 

students  in  agriculture  and  the  mechanical  arts,  and  for  said 
purposes  said  board  shall  be  entitled  to  receive  an  equitable 
division  of  the  moneys  arising  from  the  sale  of  public  lands, 
and  appropriated  to  the  State  of  Kentucky  by  an  act  of  Con- 
gress, approved  August  30,  1890,  entitled  "An  Act  to  apply  a 
portion  of  the  proceeds  of  public  lands  to  the  more  complete 
endowment  and  support  of  the  college  for  the  benefit  of  agri- 
culture and  the  mechanic  arts,  established  under  the  provis- 
ions of  an  act  of  Congress."  (May  22,  1893,  C.  211,  p.  963, 
Sec.  2.) 

(<§  4529  Ky.  St.)  Trustees— Powers  Concerning  Studies 
—Instructors  and  Teachers. — Said  board  shall  prescribe  the 
course  of  study  for  the  said  Normal  School;  shall  select  the 
instructors  and  fix  their  salaries,  and  shall  determine  the  con- 
ditions, subject  to  the  limitations  hereinafter  specified,  on 
which  pupils  shall  be  admitted  to  the  privileges  of  the  school. 
(May  22,  1893,  C.  211,  Sec.  3.) 

(§  4530  Ky.  St.)  Pu^ls— Terms  of  Admission.— Any 
pupil  to  gain  admission  to  the  privileges  of  instruction  in  said 
Normal  School  shall  be  at  least  sixteen  years  of  age,  possess 
good  health,  satisfactory  evidence  of  good  moral  character, 
and  sign  a  written  pledge,  to  be  filed  with  the  principal,  that 
said  applicant  will,  as  far  as  practicable,  teach  in  the  common 
schools  of  Kentucky  a  period  equal  to  twice  the  time  spent  as 
a  pupil  in  said  Normal  School,  together  with  such  other  condi- 
itons  as  the  board  may  from  time  to  time  impose,  but  no  such 
pledge  shall  be  required  of  the  pupils  who  matriculate  in  the 
departments  of  agriculture  or  mechanics.  (May  22,  1893,  C. 
211,  p.  963,  Sec.  4.) 

(§  4531  Ky.  St.)  Tuition— When  Free  to  Pupils.— Tuition 
in  said  Normal  School  shall  be  free  to  all  colored  residents  of 
Kentucky  wiho  fulfill  the  conditions  as  set  forth  in  the  preced- 
ing section,  and  such  other  conditions  as  the  board  may  re- 
quire. The  board  shall  fix  the  rate  of  tuition  and  the  condi- 
tions on  which  pupils,  who  are  not  residents  of  Kentucky,  may 
be  admitted  to  the  privileges  of  said  Normal  School.  (May 
22, 1893,  Sec.  5.) 

(§  4532  Ky.  St.)  Sectarian  Teaching  Forbidden.— No 
religious  tenets  shall  be  taught  in  said  Normal  School,  but  a 


STATE  NORMAL  SCHOOLS  239 

high  standard  of  Christian  morality  shall  be  observed  in  its 
management,  and,  so  far  as  practicable,  shall  be  inculcated  in 
the  minds  of  the  pupils.  (May  22,  1893,  C.  211,  Sec.  6.) 

(§  4533  Ky.  St.)  Trustees  to  Visit  School— Reports  by— 
To  Legislature.— The  board  shall,  in  a  body  or  by  a  majority 
of  their  number,  visit  said  Normal  School  once  during  each 
session,  witness  the  exercises,  and  otherwise  inspect  the  condi- 
tion of  said  school,  and  they  shall  make  a  biennial  report  to 
the  legislature,  setting  forth  the  financial  and  scholastic  con- 
dition of  said  Normal  School,  making  such  suggestions  as  in 
their  opinion  would  improve  the  same,  and  in  the  years  in 
which  there  is  no  session  of  the  legislature,  they  shall  make 
their  report  to  the  Governor. 

Section  137.  (§  4534a  Ky  St.)  Miscellaneous  Appropria- 
tions—$5,000.00  Appropriation  for  Support.— The  further  sum 
of  five  thousand  dollars  annually  is  hereby  appropriated  for 
the  support  and  conduct  of  said  institution,  to  be  paid  by  the 
Auditor  of  Public  Accounts  out  of  any  iqoney  in  the  treasury 
not  otherwise  appropriated,  on  the  written  order  of  the  chair- 
man of  the  board  of  trustees  at  the  same  time  the  other  annual 
appropriation  is  paid. 

Section  289.  (Ky.  School  Laws  of  1918)  appropriated  $6,- 
800  for  specific  purposes,  the  latter  p*art  of  section  carried  an 
annual  appropriation  as  follows: 

Whereas,  there  are  now  valuable  buildings,  equipment 
and  other  property  without  any  maintenance  fund  for  the  care, 
growth  and  development  of  the  institution,  the  sum  of  three 
thousand  dollars  ($3,000.00)  is  hereby  annually  appropriated 
for  this  purpose. 

(§  4534b  Ky.  St.)  Appropriation  of  $17,500.00  for  Ken- 
tucky Normal  and  Industrial  Institute. — That  the  sum  of 
seventeen  thousand  and  five  hundred  dollars  ($17,500.00)  be 
appropriated  to  the  Kentucky  Normal  and  Industrial  Institute 
for  Colored  Persons  from  any  funds  in  the  State  Treasury  not 
otherwise  appropriated  for  the  purpose  of  settling  an  indebt- 

Sec.  4534a.  This  section  appropriated  $15,000.00  for  a  girls'  dormitory; 
Sec.  4534a  appropriated  $20,000.00  for  further  permanent  improvements 
(287  of  Ky.  School  Laws,  1918);  $40,000.00  was  appropriated  to  pay  out- 
standing: indebtedness,  improvements  and  equipment.  In  Sec.  4534b, 
$17,500  was  appropriated  for  heating-  plant,  laundry  and  indebtedness. 


240  KENTUCKY  SCHOOL  LAWS  1922 

edness  of  five  thousand  dollars  ($5,000.00)  ;  providing  a  central 
heating  plant,  eight  thousand  dollars  ($8,000.00)  ;  a  laundry, 
twenty-five  hundred  dollars  ($2,500.00.) 

(§  4534b  Ky.  St.)  Annual  Appropriation  of  $2,000.00,— 
That  the  sum  of  two  thousand  dollars  ($2,000.00)  annually  be 
appropriated  for  the  equipment  and  maintenance  of  the  train- 
ing of  students  in  such  useful  trades  as  the  board  of  trustees 
in  its  wisdom  may  direct.  (March  20,  1902,  C.  41,  p.  79,  Sec  2.) 

(§  4534c  Ky.  St.)  That  the  sum  of  five  thousand  two  hun- 
dred and  fifty  ($5,250.00)  dollars  be,  and  the  same  is  hereby  ap- 
propriated for  this  fiscal  year,  and  for  each  succeeding  year, 
out  of  any  money  not  otherwise  appropriated,  for  the  benefit 
of  the  Kentucky  Norm'al  and  Industrial  Institute  for  Colored 
Persons,  Frankfort,  Kentucky,  and  the  same  is  directed  to  be 
paid  by  the  Treasurer  of  the  State  to  the  treasurer  of  the  said 
Kentucky  Normal  and  Industrial  Institute  for  Colored  Per- 
sons upon  warrant  or  warrants  issued  by  the  Auditor  of  Pub- 
lic Accounts,  who  is  hereby  directed  to  draw  and  issue  said 
warrant  or  warrants  for  the  purpose  aforesaid.  (March  24, 
1916,  C.  78,  p.  608.) 

Section  137a.  (§  4515  Ky.  St.)  Certificates  and  Diplomas 
May  be  Granted  by  the  Board.— The  board  is  authorized  to 
grant,  from  time  to  time,  certificates  of  proficiency  to  such 
pupils  as  shall  have  completed  the  prescribed  course  of  study* 
in  any  department  of  the  institution,  and  whose  moral  charac- 
ter and  disciplinary  relations  to  said  school  shall  be  satisfac- 
tory. And  such  teachers  as  shall  have  completed  the  prescrib- 
ed course  of  study  in  the  Normal  department,  and  exhibited 
satisfactory  evidence  of  ability  to  instruct  and  manage  a 
school,  shall  be  entitled  to  diplomas  appropriate  to  such  de- 
grees as  the  board  shall  confer  upon  them,  which  diplomas 
shall  entitle  them  to  teach  in  any  of  the  colored  common 
schools  of  this  State.  (May  22,  1893,  C.  211,  p.  963,  Sec.  9.) 

DECISION  OF  THE  COURT  OF  APPEALS 

The  fact  that  a  pupil  may  hold  a  valid  diploma  will  not  justify  the 
superintendent  in  refusing-  to  sign  it,  for  he  owes  that  duty.  He  is  a 
member  of  the  governing-  board,  and  is  bound  by  the  action  of  a  ma- 
jority of  its  members.  State  Superintendent  v.  Reid,  165  Ky.  613. 


Chapter  XIII. — Continued. 

QUASI    NORMAL  SCHOOLS 

Sec.  138.     State  Bnard  of  Education  Sec.  139.     Board     of     Re.eents     for 

SfttJ     SK;    any    Uni"  Normal  School  inspection 

Jity     colleee    or    nor-  created-standards        r  e- 

mal  school,    not  conduct-  oiaired 

ert     for     private       g-a:n-  Sec.  I30a.  Institutions         receiving 

Sec.  ISSa.Vwer    of    ,uch    institu-  SftV&e  SK^m!"* 

tions  to  certificate  teach-  the  act 

Sec.  140.    Kvnenpes  of  inspection- 
how  borne. 

Section  138.  .(§  4535c-l  Ky.  St.)  Quasi-Public  Normal 
Schools  Having  Course  Equivalent  to  State  Normal  Schools- 
Faculty  and  Equipment—Graduates  May  be  Given  Teachers' 
Certificates. — Whenever  any  university,  college  or  normlal 
school  in  this  State  that  is  not  conducted  for  private  gain, 
shall  have  a  course  of  study  equal  in  extent  and  equivalent  in 
the  same  sense  that  the  course  of  study  of  the  two  State  Nor- 
m'al  Schools  are  equivalent  in  subjects  to  either  the  elementary 
course  or  the  intermediate  course  or  the  advanced  course  of 
the  State  Normal  Schools,  and  shall  have  full  and  ample  equip- 
ment and  a  faculty  of  competent  instructors  actually  giving 
approved  instruction  in  the  branches  contained  in  said  course 
and  equivalent  to  that  given  in  the  State  Normal  Schools,  a 
student  who  shall  have  completed  any  of  these  courses  may  be 
granted  by  the  State  Board  of  Education  an  elementary  certi- 
ficate, or  an  intermediate  certificate  or  an  advanced  certificate 
of  the  same  tenor  and  effect  as  the  certificate  to  teach  issued 
to  the  students  who  have  completed  the  elementary  course  or 
the  intermediate  course  or  the  advanced  course,  respectively, 
of  the  State  Normal  Schools. 

Provided,  that  the  completion  of  such  a  course  shall  have 
been  certified  by  the  institution  in  which  the  student  has  com- 
pleted the  course. 

Provided,  further,  that  no  certificate  shall,  under  the  pro- 
visions of  this  act,  be  issued  to  any  applicant  who  has  not  com- 
pleted the  equivalent  of  the  10th  grade  of  the  public  schools. 
(Act  March,  1819.) 

Section  139.  (§  4535c-2  Ky.  St.)  Board  of  Regents  for 
Normal  School  Inspection,  Members,  Appointment,  Term, 


242  KENTUCKY  SCHOOL  LAWS  1922 

Qualifications,  Requirements  far  Schools  to  Receive  Benefits 
of  This  Law. — The  determination  of  the  question  as  to  what 
institutions  are  entitled  to  the  privileges  set  forth  in  the  pre- 
ceding section  of  this  act  shall  be  in  the  hands  of  a  board  to 
be  known  as  the  Board  of  Regents  for  Normal  School  Inspec- 
tion, to  be  composed  of  the  State  Superintendent  of  Public  In- 
struction, ex-officio  member  and  chairman,  and  four  members 
to  be  appointed  by  the  Governor  of  the  State  as  follows :  One 
member  froni  the  faculty  of  the  Department  of  Education  of 
the  University  of  Kentucky,  one  member  from  the  faculty  of 
each  State  Normal  School  and  one  memiber  from  the  faculty 
of  the  Normal  School  of  a  city  of  the  first  class.  Two  of  the 
members  first  appointed  to  serve  for  a  period  of  two  years  and 
two  for  a  period  of  four  years  and  thereafter  all  numbers  to 
serve  for  a  period  of  four  years. 

Provided  that  not  more  than  two  appointive  members 
shall  be  from;  the  same  political  party  and  no  two  ^members  of 
the  same  church. 

No  institution  shall  be  entitled  to  the  privileges  conferred 
by  the  preceding  section  of  this  act  unless  the  following  re- 
quirements have  been  fulfilled. 

First.  Such  institution  shall  be  fully  incorporated  and 
the  corporation  shall  have  at  least  $50,000  invested  and  avail- 
able for  use  in  the  school. 

Second.  Such  institution  shall  be  a  member  of  the  Ken- 
tucky Association  of  Colleges  and  Universities,  or  on  the  list 
of  the  accredited  secondary  schools  and  junior  colleges  of  the 
University  of  Kentucky. 

Third.'  This  act  shall  not  apply  to  any  institution  sup- 
ported in  whole  or  in  part  by  State  funds. 

The  State  Superintendent  of  Public  Instruction  shall,  up- 
on request  of  any  institution  desiring  recognition  under  sec- 
tion 1  of  this  act,  direct  the  above  named  commission  to  inspect 
the  institution  and  to  report  within  sixty  days  upon  its  ap- 
plication. Each  year  the  State  Board  of  Education  shall 
satisfy  itself  that  the  requirements  of  this  act  have  been  met 
before  any  certificate  shall  be  granted  the  students  of  such  in- 
stitution. 


QUASI-NORMAL  SCHOOLS 


243 


Section  140.  (§  4535c-3  Ky.  St.)  Expenses  of  Inspecting 
Such  Schools — Rules  by  Board  of  Regents. — The  expenses  of 
inspection  shall  be  borne  by  the  institution  aslfing  for  recogni- 
tiop.  under  the  provisions  of  this  act.  All  schools  asking 
privileges  under  the  provisions  of  this  bill  shall  be  subject  to 
the  lawful  authority  and  inspection  of  the  State  Inspector  and 
Examiner  so  far  as  the  faithful  enforcement  of  the  course  of 
study  is  concerned. 

The  Board  of  Regents  provided  for  in  this  act  shall  have 
power  to  make  all  needful  rules  and  regulations  to  carry  into 
effect  the  provisions  of  this  act. 


Chapter  XIV. 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY. 


Sec.  141.    State    University    estab-  Sec.  144a- 

lished— name  changed— 
all  acts  relating  to  A.  & 
M.  College  continued  in 
force. 

Sec.  141a.  Department    of    law    es-  Sec.  145. 

tablished. 

Sec.  141a-l.    Medical    and    surgical 

department    established.  Sec.  145a 

Sec.  141a-2.  Students     county    may. 
send— rules  governing  ap- 
pointments—free    tuition  Sec.  14ca 
for     students     preparing 
for  ministry. 

Sec.  141a-3.  Board  shall  be  bi-parti- 
san— how  selected— mem- 
bers ex-officio— location 
not  be  affected  by 
change  of  name,  etc.  Sec.  146. 

Sec.  142.  Teachers  —  examination 
of  students  for— papers 
sent  to  State  Board  for 
grading— appropriations.  Sec.  146a 

Sec.  143.  Department  of  Educa- 
tion established— certifi- 
cates to  students 

Sec.  143a.  Agricultural  Extension- 
annual  appropriation  for.  Sec.  147. 

Sec.  144.    Board   of    trustees— term 

—  qualifications  —  appoin-  Sec.  147a 

t  i  v  e  members— alumni 
nomination— v  a  c  a  ncies, 
how  filled. 

Sec.  144a.  Executive   committee    of 
five    members    to    be    se- 
lected—p  o  w  e  r,        etc.—  Sec.  147a- 
other    committees    to    be 
appointed. 


1.  Powers  and  duties  of 
board  of  trustees— presi- 
dent, professors,  teach- 
ers and  officers  selected 
by. 

Treasure  r— bond— ac- 
counts and  statements- 
actions  against. 

.  Government  of  college — 
trustees  to  establish 
rules  for. 

-1.  Report  to  be  made  to 
General  Assembly  by 
t  r  u  s  tees — appropriation 
for  dormitory  for  young 
women — trustees  to  ap- 
point board  to  govern, 
etc. 

Course  of  mining  engi- 
neering established— ap- 
pointment of  Inspector 
of  Mines,  etc. 

.  Agricultural  Experiment 
Station— appropriat  i  o  n— 
disposition  of  funds- 
fiscal  courts  may  aid- 
Federal  act  concerning. 
Federal  Smith-Lever  act 
accepted. 

.  Persons  engaged  in  mil- 
itary or  naval  service 
during  world  war  en- 
titled to  scholarships — 
conditions  and  require- 
ments. 

1.  University  empowered 
to  acquire  additional 
lands— annual  report  re- 
quired to  State  Depart- 
ment. 


Section  141.  (§  4636a-l  Ky.  St.)  That  the  institution 
founded  under  the  land  grant  of  eighteen  hundred  and  sixty- 
two  by  the  Congress  of  the  United  States  and  known  formerly 
under  the  corporate  designation  and  title  of  "Agricultural  and 
Mechanical  College  of  Kentucky"  and  afterwards  known  and 
designated  as  "The  State  University,  Lexington,  Kentucky," 
be  hereafter  known  and  designated  as  *  University  of  Ken- 
tucky." (March  15,  1916,  C.  20,  p.  149,  Sec.  1.) 

(§  4636a-2  Ky.  St.)  Maintained  by  State.— That  the  said 
State  University  be  maintained  by  the  Compionwealth  with 
such  endowments,  incomes,  buildings  and  equipments  as  shall 
enable  it  to  do  work  such  as  is  done  in  other  institutions  of 
corresponding  rank,  both  embracing  work  of  instruction  as 
well  as  in  original  research. 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  245 

.(§  4636a-3  Ky.  St.)  All  Acts  relating  to  the  A.  and  M. 
College  Continued  in  Force.— That  all  the  acts  of  the  General 
Assembly  of  the  Commonwealth  of  Kentucky,  making  provis- 
ion for  the  establishment,  support  and  maintenance  of  the 
Agricultural  and  Mechanical  College  of  Kentucky,  heretofore 
enacted,  viz. :  An  act  appointing  a  commission  for  the  location 
of  the  Agricultural  and  Mechanical  College,  approved  March 
13,  1878;  an  act  locating  and  establishing  the  Agricultural 
and  Mechanical  College,  approved  February  6,  1880 ;  an  act  in- 
corporating the  Agricultural  and  Mechanical  College,  approv- 
ed March  4,  1880 ;  an  act  amending  the  act  of  incorporation, 
approved  April  23,  1880 ;  an  act  of  the  General  Assembly,  ap- 
proved April  29,  1880,  and  section  184  of  the  Constitution  of 
Kentucky,  guaranteeing  the  validity  of  the  tax  levied  for  the 
benefit  of  the  Agricultural  and  Mechanical  College  by  said  act, 
approved  April  29,  1880 ;  an  act  of  incorporation,  amending  the 
acts  of  March  4,  1880,  and  April  23, 1880,  approved  May  9,  1893 
an  act  for  the  maintenance  of  the  girls'  dormitory,  approved 
March  21,  1900,  and  an  act  making  an  annual  appropriation 
for  the  maintenance  and  support  of  the  said  college,  which  be- 
came a  law  March  26,  1904;  and  that  all  the  acts  of  the  Con- 
gress of  the  United  States,  creating  and  endowing  colleges 
under  the  land  grant  of  1862,  viz. :  The  act  providing  for  the 
establishing  of  the  college  for  the  benefit  of  agricultural  and 
pn'echanical  arts,  approved  July  2,  1862;  the  act  establishing 
experiment  stations,  as  departmients  of  agricultural  colleges, 
approved  March  2,  1887 ;  the  act  for  applying  a  portion  of  the 
proceeds  of  the  public  lands  to  the  mlore  complete  endowment 
of  the  colleges  established  under  the  act  of  July  2,  1862,  which 
ed  the  Senate  June  23,  1890;  the  act  known  as  the  "  Adams 
ct,"  further  endowing  experiment  stations,  passed  by  Con- 
ess,  March  16,  1906;  an  act  known  as  the  "Nelson  Act,"  for 
e  further  endoyment  of  Agricultural  and  Mechanical  Col- 
eges,  passed  by  Congress,  March  4,  1907,  shall  not  be  affected 
by  this  change  of  name,  and  the  revenue  accruing  from  these 
and  from  all  other  sources,  State  and  Federal,  shall  continue 
to  be  paid  over  by  the  State  and  Federal  authorities  to  the 
treasurer  of  the  University  of  Kentucky,  Lexington,  Ken- 
tucky, for  its  use  and  maintenance,  in  accordance  with  the  pro- 


246  KENTUCKY  SCHOOL  LAWS  1922 

visions  of  said  acts  of  Congress  and  of  the  General  Assembly 
of  Kentucky. 

(§  4636a-4  Ky.  St.)  Acts  of  Congress  to  be  Carried  Out. 
-That  the  requirements  of  the  law  of  Congress,  approved 
July  2,  1862,  for  the  instruction  in  those  branches  of  learning 
relating  to  agriculture  and  the  mechanic  arts  and  to  military 
tactics,  should  be  carried  out  fully,  and  that  those  branches 
shall  continue  to  be  an  integral  and  indispensable  course  of  in- 
struction in  the  University  of  Kentucky;  and  that,  in  addi- 
tion to  the  other  colleges  of  said  university,  one  of  the  colleges 
shall  be  denominated  the  Agricultural  College,  and  another 
the  College  of  Mechanical  Arts  of  the  University  of  Kentucky. 

Section  141a.  (§  4636a-5  Ky.  St.)  Law  Department- 
Department  of  Law  Established. — That  a  department  of 
law,  or  course  of  instruction  in  the  science  of  law  leading  to 
the  degree  of  Bachelor  of  Law,  shall  be  established  in  said  uni- 
versity. The  course  prescribed  leading  to  said  degree  shall 
be  of  equal  dignity  and  rank  to  that  of  other  corresponding 
institutions. 

(§  4636a-6  Ky.  St.)  Medical  and  Surgical  Department.— 
That  a  Department  of  Medicine  and  Surgery,  or  course  of  in- 
struction in  the  science  of  medicine  and  surgery,  leading  to 
the  usual  degrees  conferred  in  such  courses,  shall  be  establish- 
ed in  said  university.  The  courses  prescribed  shall  be  of  equal 
dignity  and  rank  to  that  of  other  corresponding  institutions, 
and  that  a  diploma  issued  fro^  this  department  shall  be  ac- 
cepted throughout  this  State  on  equal  term<s  with  diplomas 
issued  from  other  corresponding  institutions. 

(§  4636a-7  Ky.  St.)  Students  Counties  May  Send— Selec- 
tion.— Each  county  in  the  State,  in  consideration  of  the  in- 
com.es  accruing  to  said  institution,  under  the  present  laws  for 
the  benefit  of  said  Agricultural  and  Mechanical  College,  be 
entitled  to  select  and  send  to  said  university  each  year  one  or 
more  properly  prepared  students,  as  hereinafter  provided  for, 
free  from  all  charges  for  tuition,  niatriculation  fees,  room 
rent,  fuel  and  lights,  and  to  have  all  the  advantages  and  privi- 
leges of  the  said  university,  one  white  pupil  for  every  three 
thousand  and  one  for  each  fraction  thereof  over  fifteen  hun- 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  247 

dred  of  white  school  children,  based  upon  the  last  official  cen- 
sus preceding  said  appointment :  Provided,  however,  that  every 
county  shall  be  entitled  to  at  least  one  annual  appointment. 
Said  students  shall  be  entitled,  free  of  any  cost  whatever,  to 
the  benefits  enumerated  above  for  the  term  of  years  necessary 
to  complete  the  course  of  study  in  which  he  or  she  matriculates 
for  graduation,  or  during  good  behavior.  All  beneficiaries  of 
the  State  who  continue  students  for  one  consecutive,  collegiate 
year,  or  ten  months,  unless  unavoidably  prevented,  shall  also 
be  entitled  to  their  necessary  traveling  expenses  in  going  to 
and  returning  from  said  college.  The  selection  of  the  benefi- 
ciaries shall  be  made  by  the  Superintendents  of  Com'mion 
Schools  in  their  respective  counties,  upon  competitive  exam- 
ination, on  subjects  prepared  by  the  faculty  of  the  university 
and  transmitted  to  said  superintendents  before  the  first  day 
of  June  of  each  year.  Said  competitive  examinations  shall  be 
open  to  all  persons  between  the  ages  of  fourteen  and  twenty- 
four  years.  Preference  shall  be  given,  other  things  being 
equal,  to  those  who  have  passed  with  credit  through  the  public 
school,  persons  of  energy  and  industry,  whose  means  are 
small,  to  aid  whom  in  obtaining  a  good  education  this  provis- 
ion is  intended.  Said  competitive  examination  shall  be  held, 
and  the  successful  competitor  appointed  between  the  first 
day  of  June  and  the  first  day  of  August  of  each  year.  It  shall 
be  the  duty  of  the  County  Superintendent  to  make  known  the 
benefits  of  this  provision  to  each  common  school  district  under 
his  superintendency,  with  the  time  and  place,  when  and  where 
such  competitive  examination  shall  be  held.  He  shall  for  this 
purpose,  appoint  a  board  of  examiners,  whose  duty  it  shall  be 
to  conduct  the  examination.  This  shall  not  interfere  with  any 
appointment  already  miade  to  said  college. 

(§  4636a-8  Ky.  St.)  Free  Tuition  for  Students  for  the 
Ministry. — That  the  board  of  trustees  of  said  university  may 
within  their  discretion,  concede  the  privilege  of  free  tuition 

Sec.  4636a-7  which  grants  to  certain  selected  students  the  risrht  to 
attend  the  State  University  free  from  charges  for  tuition,  matricula- 
tion fees,  room  rent,  fuel  and  lights,  and  in  certain  cases  to  have  their 
traveling-  expenses  in  going-  to  and  returning  from  the  University  paid 
by  the  State,  violates  Section  3  of  the  Bill  of  Rights  of  Kentucky,  which 
prohibits  the  granting  of  exclusive,  separate  public  emoluments  or  priv- 
ileges to  any  man  or  set  or  men,  excent  in  consideration  of  public  service. 
Baker,  etc.  v,  Crum,  etc.,  177  Ky.  637. 


248  KENTUCKY  SCHOOL  LAWS  1922 

to  students  who  are  preparing  for  the  ministry  in  connection 
with  any  white  religious  denomination. 

(Section  141a-9  Ky.  St.)  Board  of  Trustees  to  be  Bi-Parti- 
san. — That  the  board  of  trustees  shall,  from!  and  after  January 
1,  1910,  be  bi-partisan,  and  the  Governor  in  making  the  ap- 
pointmjents  of  trustees  shall  so  make  them  as  to  divide  the  re- 
presentation upon  said  board  equally  between  the  two  leading 
political  parties  of  this  Commonwealth,  including  the  ex-of- 
ficio  mjembers.  That  the  Superintendent  of  Public  Instruc- 
tion shall  be,  ex-officio,  a  member  of  the  board  of  trustees. 

(§  4636a-10  Ky.  St.)  Expenses  of  Change  in  Title  of  In- 
stitution.— That  the  board  of  trustees  have  authority,  out  of 
the  funds  under  their  control,  to  expend  an  amount  sufficient 
to  meet  the  necessary  expenses  incurred  in  advertising  and 
other  necessary  changes  incident  to  the  change  of  the  style  and 
title  of  the  said  institution. 

(§  4636a-ll  Ky.  St.)  Location— Lexington.— That  the 
location  of  the  institution  established  by  the  act  locating  the 
University  of  Kentucky,  approved  February  6,  1880,  shall  not 
be  affected  by  this  change  of  name. 

(§  4636a-12  Ky.  St.)  Acts  and  Rules  for  A.  and  M.  Col- 
lege to  Remain  in  Force. — That  all  acts  passed  by  the  Legisla- 
ture of  Kentucky,  and  all  the  regulations  made  by  the  board 
of  trustees  in  pursuance  thereof,  for  the  government  of  the 
agricultural  and  mechanical  college,  shall  continue  in  effect 
and  apply  to  the  government  of  the  University  of  Kentucky, 
Lexington,  Kentucky,  except  to  the  extent  herein  specifically 
set  out. 

(§  4636a-13  Ky.  St.)  Law  and  Medical  Students— Tuition 
of. — That  all  students  attending  exclusively  the  law  or  medi- 
cal department  of  the  university  shall  pay  the  usual  tuition 
fees. 

Section  142.  (§  4636a-14  Ky.  St.)  Teachers— Examina- 
tion of  Students  for. — That  students,  while  attending  the  Uni- 
versity of  Kentucky,  may  be  examined  for  county  teachers' 
certificates  by  the  board  of  examiners  of  Fayette  county,  Ken- 
tucky, and  on  the  dates  provided  in  the  common  school  law 
for  the  examination  of  teachers.  If  such  students  are  of  the 
age  and  character  required  by  law  in  the  case  of  other  can- 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  249 

didates  for  county  certificates,  the  County  Superintendent  of 
Fayette  county  shall  admit  them  to  examination  and  shall  col- 
lect from  each  the  legal  fee,  with  fifty  cents  additional.  At 
the  close  of  the  examination  the  County  Superintendent  shall 
transmit  by  registered  mail  the  examination  papers,  together 
with  the  examination  fee,  to  the  County  Superintendent  of 
the  county  from  which  said  candidate  desires  his  certificate 
issued.  The  county  board  of  examiners  shall  canvass  the 
papers  sent  to  them  as  above  provided,  and  shall  issue  county 
certificates  upon  them  upon  the  same  terms  and  conditions  as 
in  case  of  candidates  apppearing  in  person  for  examination. 
(This  section  is  an  act  of  March,  1908,  p.  4.)  All  examination 
papers  are  now  sent  to  State  Board. 

(§  4636b-l   Ky.    St.)      Two  Hundred   Thousand  Dollars 
($200,000.00)  Appropriated  for  Buildings.— That  the  sum  of 
two  hundred  thousand  dollars,  or  as  m!uch  as  may  be  necessary 
thereof,  be  and  the  s^me  is  hereby  appropriated  for  the  bene- 
fit of  the  University  of  Kentucky,  Lexington,  Kentucky,  for 
the  purpose  of  paying  the  outstanding  indebtedness  hereto- 
fore  incurred   for   the    erection   of  necessary   buildings   and 
equipment  of  same  on  the  grounds  owned  by  the  said  institu- 
tion, and  for  the  erection  and  equipment  of  a  suitable  building 
for  the  department  of  mining  engineering,  civ1! 
and  physics;  also  for  the  erection  and  equipment  of  a  neces- 
sary addition  to  the  chemical  building;  also  for  the  erection 
and  equipment  of  a  necessary  addition  to  the  mechanical  and 
electrical    engineering    building;    also    for    the    erection   and 
equipment  of  a  new  dormitory  for  the  accommodation  of  the 
male  students  of  said  institution.     All  of  said  buildings  shall 
be  erected  upon  the  grounds  owned  by  said  institution,  or 
upon  such  ground  as  nuay  be  acquired  by  purchase  by  the 
board  of  trustees  of  said  institution.     If,  in  the  judgment  of 
the  said  board  of  trustees,  the  purchase  of  additional  grounds 
may  be  necessary  for  the  accommodation  of  the  new  buildings 
herein  contemplated,  or  for  the  proper  conducting  of  said  in- 
stitution, they  may  make  such  necessary  purchase  and  pay  for 
the  same  out  of  the  money  herein  appropriated.     The  title  to 
such  real  estate  shall  be  made  and  held  by  the  Commonwealth 
of  Kentucky  for  the  use  and  benefit  of  said  institution.   The 


250  KENTUCKY  SCHOOL  LAWS  1922 

said. board  of  trustees  is  vested  with  a  sound  discretion  as  to 
the  order  of  construction  and  as  to  the  location  of  the  improve- 
ments herein  set  forth,. or  in  giving  preference  to  such  other 
improvements  as  will  best  promote  the  interests  of  the  insti- 
tution, provided,  that  the  total  expenditure  shall  not  exceed 
the  amiount  herein  appropriated.  The  said  board  of  trustees 
shall  appoint  a  competent  architect  or  architects  to  prepare, 
under  their  directions,  plans  and  specifications  for  the  build- 
ings aforesaid,  and  shall  contract  with  responsible  parties  for 
the  erection  and  equipment  of  same.  All  contracts  under  this 
act  for  material  and  labor,  or  for  the  erection  of  any  and  all 
buildings  and  improvements,  and  for  the  equipment  of  the 
same  for  the  purposes  mentioned  in  this  act,  shall  be  let  to  the 
lowest  and  best  bidder,  after  the  same  is  duly  advertised  by 
notice  for  ten  consecutive  days  in  a  daily  newspaper  published 
in  the  city  of  Lexington,  Kentucky,  having  the  largest  circula- 
tion, or  for  four  consecutive  weeks  in  the  weekly  paper  pub- 
lished in  said  city  which,  in  the  judgment  of  the  said  board  of 
trustees,  has  the  largest  circulation.  The  successful  bidder  or 
bidders  in  each  case  shall  enter  into  bond  to  the  Commonwealth 
of  Kentucky  for  the  benefit  of  said  university  in  a  sum  not  less 
than  twenty-five  per  cent,  of  the  contract  sum,  or  price  for  the 
completion  of  the  work  in  the  manner  and  within  the  time 
set  out  in  the  contract  or  contracts,  and  manner  and  time 
shall  be  fully  and  in  detail  set  out  in  said  contract.  The 
mpney  hereby  appropriated  shall  be  paid  to  the  treasurer  of 
said  university  from  time  to  tinie,  as  the  improvements  con- 
templated in  this  act  may  require,  and  it  shall  be  the  duty  of 
the  Auditor  of  Public  Accounts  to  draw  his  warrant  or  war- 
rants upon  the  Treasurer  of  the  State  in  favor  of  the  treasurer 
of  said  university  for  an  amount  or  amounts  as  the  said  treas- 
urer of  said  university,  countersigned  by  the  president,  may 
certify  to  hini  from,  time  to  time,  is  necessary  and  needed  in 
carrying  out  the  provisions  of  this  act :  Provided,  however, 
that  one-third  of  said  appropriation  shall  be  due  and  payable 
on  December  1,  1908 ;  one-third  thereof  shall  be  due  and  pay- 
able on  July  1,  1909,  and  one-third  thereof  shall  be  due  and 
payable  on  July  1,  1910.  Said  board  of  trustees  shall  submit 
to  the  next  regular  session  of  the  General  Assembly  an  itemiz- 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  251 

ed  account  and  statement  of  the  expenditures  made  for  the 
purpose  herein  named,  which  account  and  statement  shall  be 
properly  certified  and  audited,  and  if  any  of  the  funds  hereby 
appropriated  remain  unexpended  after  the  additions  and  im- 
provements to  said  university  herein  authorized  have  been 
made,  the  same  shall  be  returned  to  the  state  treasury  by  said 
board  of  trustees. 

Section  143.  (§  4636b-2  Ky.  St.)  Department  of  Educa- 
tion Established — Certificates  to  Students — Normal — Certi- 
ficates.— That  the  normal  department  of  said  university,  as  it 
now  exists,  be  eliminated,  and  there  be  established  instead 
thereof  a  department  of  education  in  said  university,  with  col- 
legiate rank,  leading  to  the  usual  degree  in  pedagogy  as  main- 
tained in  other  similar  state  institutions;  that  degrees  of 
bachelor  of  arts  in  education,  and  bachelor  of  science  in  educa- 
tion conferred  in  this  department  shall,  with  the  approval  of 
the  State  Superintendent  of  Public  Instruction^  entitle  the 
holder  thereof  to  the  privilege  of  teaching  in  the  common 
schools  and  high  schools  of  the  Commonwealth  without  fur- 
ther examination,  during  life  or  good  behavior.  The  diplomas 
granting  degrees  may  be  revoked  for  cause  by  the  said  board 
of  trustees  or  by  the  State  Superintendent  of  Public  Instruc- 
tion. The  board  of  trustees  shall  have  power  and  authority, 
subject  to  the  approval  of  the  State  Superintendent  of  Public 
.Instruction,  to  confer,  under  its  corporate  seal,  upon  students 
of  said  department,  the  following  certificates : 

1st.  An  elementary  certificate  upon  the  completion  of 
one  year's  work,  which  shall  entitle  the  holder  thereof  to  teach 
in  any  public  school  of  this  state  for  the  period  of  two  years 
from  the  date  thereof,  without  further  examination. 

(2nd)  An  intermediate  certificate  upon  the  completion 
of  two  years'  work,  which  shall  entitle  the  holder  thereof  to 
teach  in  any  public  school  of  this  State  for  a  period  of  four 
years  from  the  date  thereof  without  further  examination. 

(3rd)  An  advanced  certificate  upon  the  completion  of 
three  years'  work,  which  shall  entitle  the  holder  thereof  to 
teach  in  any  public  school  of  this  state  for  a  period  of  three 
years  from  date  thereof  without  further  examination,  and  if, 
at  the  end  of  three  years,  a  teacher  holding  an  advanced  certi- 


252  KENTUCKY  SCHOOL  LAWS  1922 

ficate  shall  present  to  the  board  of  trustees  which  granted  the 
same,  satisfactory  evidence  of  successful  teaching  during  said 
period,  and  of  good  moral  character,  then  the  advanced  certi- 
ficate may  be  extended  for  life  or  good  behavior  by  said  board, 
subject,  however,  to  the  approval  of  the  State  Superintendent 
of  Public  Instruction,  and  it  shall  so  be  endorsed  by  said 
board,  and  the  holder  thereof  shall  be  entitled  to  teach  in  any 
public  school  in  this  state  during  good  behavior,  without  fur- 
ther examination. 

The  official  endorsement  of  the  State  Superintendent  of 
Public  Instruction  shall  be  necessary  to  validate  any  of  the 
said  three  certificates  or  extension  thereof  above  named.  Any 
certificate  may  be  revoked  for  cause  by  said  board  of  trustees 
or  by  the  State  Superintendent  of  Public  Instruction. 

*  (§  4636b-3  Ky.  St.)  Special  Courses.— That  from  and 
after  two  years  from  this  date  all  sub-freshman  work  shall 
begin  to  be  eleminated  as  a  part  of  the  university  curriculum, 
and  such  elimination  shall  progress  as  rapidly  as  the  educa- 
tional conditions  in  Kentucky  will  justify;  Provided,  how- 
ever, special  courses  may  be  given  in  any  of  the  departments 
of  the  university,  except  that  no  sub-freshman  normal  instruc- 
tion shall  be  given  after  September  1,  1908,  in  any  department 
of  the  university  or  academy  connected  therewith. 

(§  4636b-4  Ky.  St.)  Twenty  Thousand  Dollars  ($20,- 
000.00)  Annual  Appropriation.— (By  an  act  of  March  5,  1918, 
C.  4,  p.  11,  Sec.  4019,  an  annual  tax  levy  was  substituted  for 
the 'annual  appropriation  provided  for  in  this  section,  which 
is  therefore  omitted.  Formerly  act  of  March  16,  1908,  C.  5,  p. 
22,  Sec.  4.— Ed.) 

(§  4636<b-5  Ky.  St.)  One  Cent— (Ic)  Annual  Tax  Levy.— 
(Act  of  April  29,  1880,  C.  1315,  p.  137.  A  substitute  levy  was 
made  by  an  act  of  March  5,  1918,  C.  4,  p.  11,  now  Sec.  4019. — 
Ed.) 

(§  4636b-6  Ky.  St.)  Fifteen  Thousand  Dollar  ($15,000.00) 
Annual  Appropriation.— (Act  of  March  26,  1904,  C.  120,  p. 
288.  Annual  tax  levy  substituted  for  this  appropriation  by 
act  of  March  5,  1918,  C.  5,  p.  15,  now  Sec.  4019.— Ed.) 

Section  JL43a.  (§  4636b-7  Ky.  St.)  Sixty-two  Thousand- 
Dollars  ($62,000.00)  Annual  Appropriation  for  Agricultural 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  253 

Extension  Work—Offset  Against  Funds  Necessary  to  Receive 
Benefit  of  Federal  Appropriation.— In  order  to  continue  agri- 
cultural extension  work  in  the  State  of  Kentucky,  there  is 
hereby  appropriated  to  the  University  of  Kentucky  for  the 
year  ending  June  30,  1918,  sixty-two  thousand  dollars  ($62,- 
000.00),  and  a  like  sum:  is  hereby  appropriated  annually  there- 
after, which  shall  be  used  by  the  Agricultural  College  of  the 
University  of  Kentucky  to  offset  funds  appropriated  by  an 
act  of  Congress,  approved  May  8,  1914,  entitled  "An  act  to  pro- 
vide for  co-operative  agricultural  extension  work  between  the 
agricultural  colleges  in  the  several  states  receiving  the  bene- 

Ifits  of  an  act  of  Congress  approved  July  2,  1862,  and  of  acts 
supplementary  thereto,  and  the  United  States  Department  of 
Agriculture."  Any  portion  of  the  appropriations  herein 
authorized  remaining  unused  at  the  close  of  any  fiscal  year 
may  be  used  to  offset  federal  funds  of  any  succeeding  fiscal 
year.  (March  15, 1916,  C.  20,  p.  149,  Sec.  5,  as  amended  March 
29,  1918,  C.  127,  p.  552,  Sec.  2.) 

Section  144.  (§  4636c-l  Ky.  St.)  Government  of  the  Univer- 
sity—Board of  Trustees  Who  Compose— Appointive  Members 
— Term—  Qualification— Alumni  Nominations— Alumni  Votes 
— Not  Public  Officers — Vacancies  as  in  Original  Appointments. 

— The  government,  administration  and  control  of  the  Univer- 
sity of  Kentucky  is  hereby  vested  in  a  Board  of  Trustees,  con- 
stituted and  appointed  as  follows:  The  Governor  of  Kentucky, 
who  shall  be  chairman  of  the  Board;  the  Superintendent  of 
Public  Instruction  and  the  Comjmjissioner  of  Agriculture,  La- 
bor and  Statistics,  who  shall  be  ex-officio  members,  and  twelve 
citizens  of  Kentucky  discreet,  intelligent  and  prudent,  who 
shall  be  appointed  by  the  Governor  of  Kentucky.  Four  of  each 
shall!  be  appointed  each  biennium  for  a  term  of  six  years,  and 
until  their  successors  are  appointed.  One  of  the  four  so  ap- 
pointed shall  be  a  member  of  the  State  Board  of  Agriculture, 
one  shall  be  appointed  from  among  three  alumni  nominated  to 

he  Governor  by  the  alumni  of  the  University,  and  the  other 
two  shall  be  distinguished  citizens  of  the  Commonwealth,  one 

f  whom  shall  be  appointed  from  each  of  the  political  parties 

Sec.   463Gb-7.     This  statute   (Acts  1916,    c.    20)   has  a  sufficient   title,    and 
the  appropriation  is  for  a  public  purpose.     Carman  v.    Hickman   County, 
Ky.    630. 


254  KENTUCKY  SCHOOL  LAWS  1922 

having  the  right  to  appoint  a  member  of  the  State  Board  of 
Election  Commissioners.  With  the  exception  of  the  miemlbers 
of  the  Board  of  Trustees  appointed  upon  the  nomination  of  the 
alum&i  of  the  University,  no  two  members  of  the  Board  of 
Trustees  who  are  appointed  by  the  Governor  shall  be  residents 
of  any  one  oounty  of  Kentucky.  All  appointments  as  members 
of  the  Board  of  Trustees1  by  the  Governor  shall  be  made  dur- 
ing the  mpnth  of  January  in  the  even  years.  The  Board  of 
Trustees  of  the  University  shall  prescribe  the  method  by  which 
the  alumlni  of  the  University  shall  make  the  nominations  to 
the  Governor  of  the  three  persons  from  whom  the  alumni  mem- 
bers of  the  Board  of  Trustees  shall  be  appointed.  Each  alumnus 
shall  be  permitted  to  vote,  but  no  alumnus  shall  be  permitted 
to  vote  for  the  nomination  of  alumni  trustees  in  the  years  in 
which  such  alumnus  has  received  his  or  her  degree.  No  mem- 
ber of  the  Board  of  Trustees  shall  be  held  to  be  a  public  of- 
ficer by  reason  of  his  or  her  membership  on  said  Board ;  Pro- 
vided, however,  as  soon  as  this  Act  shall  become  effective  the 
terms  of  the  present  members  of  the  Board  of  Trustees  of  the 
University  shall  expire,  and  the  Governor  shall  appoint  twelve 
members  of  the  Board  of  Trustees,  four  of  whom  shall  serve 
until  January,  1920,  four  of  whom:  shall  serve  until  January, 
1922,  and  four  of  whom!  shall  serve  until  January,  1924,  and 
until  their  successors  are  appointed.  In  making  such  appoint- 
ments the  Governor  shall  appoint  for  each  of  said  terms  one 
member  of  the  State  Board  of  Agriculture,  one  alumnus  of  the 
institution,  and  two  distinguished  citizens,  one  of  whom  shall 
be  a  member  of  each  of  the  political  parties  in  the  State  hav- 
ing the  right  to  nam/e  a  memfber  of  the  State  Board  of  Elec- 
tion Commissioners.  In  case  of  vacancies  by  resignation,  re- 
moval or  death,  the  Governor  shall  fill  such  vacancies  in  the 
same  manner  as  provided  for  the  appointment  of  members  of 
the  Board. 

(§  4636c-la  Ky.  St.)  Member  Ex-Officio— Present  Pres- 
ident Emeritus  so  Constituted— Term— Powers.— (1)  That  the 
position  of  member  ex-officio  of  the  board  of  trustees  of  the 
University  of  Kentucky  is  hereby  created.  (2)  That  the  pres- 

The  act  of  1918  replaces  the  act  of  May  9,  1893.  c.  198.  P.  901,  article 
1,  and  of  March  20,  1914,  c.  67,  p.  174,  as  amended  March  15,  1916,  c.  20,  p. 
149,  article  2. 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  255 

ident  emeritus  of  said  university  shall,  so  long  as  he  miay  live, 
or  so  long  as  he  may  desire,  hold  said  position  and  upon  his 
death  or  resignation  the  position  shall  be  automatically  abolish- 
ed. (3)  That  said  member  shall  perform  all  duties  now  re- 
quired of  other  members  of  the  board  of  trustees  of  the  Uni- 
versity of  Kentucky  and  shall  in  all  respects  have  the  same 
power  and  authority  now  vested  in  other  members  of  said 
board.  (4)  Ai'j  laws  and  parts  of  laws  in  conflict  herewith  are 
hereby  repealed.  (March  20,  1920,  C.  29,  p.  132.) 

(§  4636c-2  Ky.  St.)  Regular  and  Special  Meet -ngs— No- 
tice— Business  at  Special  Meetings. — The  board  of  trustees  of 
the  University  shall  meet  at  least  four  times  a  year,  as  follows : 

On  the  Tuesday  preceding  the  regular  annual  commence- 
ment of  the  University,  on  the  third  Tuesday  in  September, 
on  the  second  Tuesday  in  Deeemjber  and  on  the  first  Tuesday 
in  April  of  each  year. 

Special  meetings  of  the  board,  however,  may  be  called  by 
the  chairman  or  by  any  three  members  of  the  board,  upon  giv- 
ing ten  days'  notice  of  the  meeting  in  writing  to  each  member 
of  the  board,  but  at  such  special  meetings  the  business  to  be 
transacted  shall  be  specified  in  the  notice  of  the  mieeting. 
(March  26,  1918,  Sec.  Ib.) 

(§  4636c-3  Ky.  St.)      Executive  Committee— Members- 
Powers — Review  by  Board. — The  board  of  trustees  shall  an- 
nually elect  an  executive  committee  of  five,  which  executive 
committee  shall  have  such   powers   as  may  be  delegated  to  it 
by   the  board  of  trustees.     The  executive  committee  shall  sub- 
mit to  the  board  of  trustees  at  each  meeting,  for  its  consider- 
ation and  approval,  a  coniplete  record  of  its  proceedings,  pro- 
vided, however,  the  authority  of  the  board  of  trustees  to  re- 
dse  the  acts  of  the  executive  committee  shall  not  extend  to 
ie  rejection  of  any  valid  or  any  authenticated  expenditure 
money  by  said  executive  committee.     (March  26,  1918,  Sec. 
Lo.) 

(§  4636c-4  Ky.  St.)  Vice  Chairman— Officers— By-Laws. 
—The  board  of  trustees  shall  have  power  to  elect  a  vice-chair- 
mian  and  such  other  officers  as  it  may  deem  wise,  and  shall  have 
power  to  mjake  such  by-laws,  rules  and  regulations  not  incon- 


256  KENTUCKY  SCHOOL  LAWS  1922 

sistent  herewith,  as  it  may  deem  proper.      (March  26,  1918, 
Sec.  Id.) 

(§  4636c-5  Ky.  St.)  Extension  Committee— Members— *, 
Agricultural  Extension  Work. — The  chairman  of  the  board 
shall  appoint  at  the  peeting  in  June  of  each  year  an  extension 
committee  consisting  of  four  members  of  the  board  of  trustees 
in  addition  to  himself  to  advise  with  the  Dean  of  the  College 
of  Agriculture  and  the  Director  of  Extension  on  matters  per- 
taining to  the  extension  service  in  the  State. 

The  president  of  the  college  shall  be  ex-officio  a  memflber 
of  the  board  of  trustees.  (Id.  Ic.  Sections  4636c-6-4636e-5, 
repealed.) 

(§  4636c-16  Ky.  St.)  Trustees— Powers  of— President, 
Professors  and  Officers— Appointment  and  Removal  of.— The 
board  of  trustees,  when  appointed  and  qualified,  shall  be  a 
body  corporate,  under  the  corporate  name  of  the  University 
of  Kentucky,  and  as  a  corporation  shall  have  power  to  sue  and 
be  sued,  im'plead  and  be  imipleaded,  contract  and  be  contracted 
with,  and  possess  all  the  immunities,  rights,  privileges  and 
franchises  usually  attaching  to  the  governing  bodies  of  educa- 
tional institutions.  They  shall  have  power  to  receive,  hold 
and  administer,  on  behalf  of  the  institution  whose  government, 
administration  and  control  is  committed  to  them,,  all  revenues 
accruing  from  all  existing  or  futuure  endowments,  appropria- 
tions or  bequests,  by  whomsoever  made,  subject  to  the  condi- 
tions attaching  thereto;  to  receive,  administer  and  apply,  for 
and  on  behalf  of  said  college,  all  moneys,  devises,  stocks, 
bonds,  buildings,  museum^,  lands,  apparatus,  and  so  forth, 
under  the  conditions  attaching  thereto.  Said  trustees  shall 
have  power  to  determine,  from  tipie  to  tim>e,  the  number  of  de- 
partments of  study  or  investigation  which  the  college  shall 
comprise  within  the  scope  of  the  organic  act  of  Congress,  or 
acts  supplementary  thereto,  donating  land  script  for  the  en- 
dowment of  agricultural  and  mechanical  colleges;  the  rela- 
tion which  each  department  or  group  of  departments  shall 
sustain  to  each  other  and  to  the  whole ;  to  devise,  allot  and  ar- 
range the  distribution  of  departments  or  groups  of  depart- 
mients  with  the  designation  appropriate  to  each,  and  to  devise 
the  means  required  for  their  effective  instruction,  administra- 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  257 

tion  and  government.  They  shall  have,  also,  power  to  appoint 
presidents,  professors,  assistants,  tutors  and  other  officers, 
and  to  determine  the  salaries,  duties  and  official  relations  of 
each ;  and  shall  provide  for  a  definite  salary  in  money  attached 
to  all  positions  created  and  filled  by  the  board  of  trustees ;  and 
there  shall  be  no  additions  thereto  in  the  form,  of  fees,  per- 
quisites or  emoluments  of  any  kind  whatever.  They  shall  have 
full  power  to  suspend  or  remove  at  will  any  of  the  officers, 
teachers,  professors  or  agents  whom  they  are  authorized  by 
law  to  appoint,  and  to  do  all  other  acts  which  may  be  needful 
for  the  welfare  of  the  institution.  (See  further  subsec.  30b.) 

(§  4636c-17  Ky.  St.)  Degrees  May  be  Granted  by  Trus- 
tees.— Said  board  of  trustees  shall  have  power  to  grant  degrees 
to  the  alumni  of  the  institution;  to  prescribe  conditions  upon 
which  post-graduate  honors  shall  be  obtained  by  its  alumni 
and  others,  and  to  confer  such  honorary  degrees,  upon  the  re- 
commendation of  the  faculty  of  the  institution,  as  they  may 
think  proper. 

(§  4636c-18  Ky.  St.)  Majority  of  Board  a  Quorum.— A 
majority  of  the  whole  board  shall  constitute  a  quorum  for  the 
transaction  of  business. 

(§  4636c-19  Ky.  St.)  Preference  Not  to  be  Shown  to  Any 
Religion, — In  the  appointment  of  president,  professors  or  in- 
structors no  preference  shall  be  shown  to  any  religious  de- 
nomination. (Section  4636c-20  repealed  March  26,  1918,  C. 
42,  p.  127,  Sec.  3.) 

Section  145.  (§  4636c-21  Ky.  St.)  Treasurer— Bond- 
Accounts  and  Statements — Action  Against. — That  the  treas- 
urer of  said  college  shall  enter  into  covenant  with  the  Com- 
pionwealth  of  Kentucky,  with  one  or  more  good  sureties  bound 
therein,  to  be  approved  by  the  board  of  trustees,  conditioned 
for  the  faithful  performance  of  his  duties,  and  the  payment 
of  all  money  that  shall  come  to  his  hands  to  his  successors  in 
office,  or  to  such  person  or  persons  as  may  be  lawfully  entitled 
to  receive  the  sape.  Any  person  or  persons,  including  the 
board  of  trustees,  injured  by  any  breach  of  this  bond,  may 
maintain  in  the  Fayette  Circuit  Court  appropriate  action 
thereon.  The  said  treasurer  shall  keep  an  itemized  account 
of  receipts  and  expenditures,  and  shall  pay  out  no  money  ex- 


258  KENTUCKY  SCHOOL  LAWS  1922 

cept  on  authorization  of  the  board  of  trustees,  given  directly 
or  through  its  executive  committee.  He  shall  render  to  the 
executive  committee  monthly  statements  of  receipts  and  ex- 
penditures, and  amount  on  hand,  and  a  full  detailed  statement, 
with  vouchers,  for  the  information  and  action  of  the  board  of 
trustees  at  its  regular  annual  meeting,  and  at  other  periods 
when  required.  (Sec.  4636c-22  repealed  March  26,  1918,  C. 
42,  p.  127,  Sec.  3.) 

(§  4636c-23  Ky.  St.)  Expenses  of  Trustees  in  Attending 
Meeting's  Paid. — All  necessary  expenses  incurred  by  the  trus- 
tees in  going  to,  returning  from,  or  while  attending  the  meet- 
ings of  the  board,  shall  be  met  and  discharged  out  of  the  funds 
of  the  institution.  (Section  4636c-24  repealed  March  26,  1918, 
C.  42,  p.  127,  Sec.  3.) 

Section  145a.  (§  4636c-25  Ky.  St.)  Collegiate  Peiod  Four 
Years — Normal  Department. — That  the  regular  collegiate 
period  of  the  University  of  Kentucky  shall  be  four  years,  and 
only  those  students  who  pass  through  that  period  and  attain 
the  prescribed  standard  of  proficiency  in  the  regular  course  of 
studies,  or  those  who,  having  qualified  themselves  elsewhere, 
shall  be  found,  after  at  least  one  year's  attendance  in  the  col- 
lege, to  have  attained  the  prescribed  standard  of  proficiency 
in  the  regular  course  of  studies,  shall  receive  a  diploma  from 
the  college.  But  a  normal  department  or  course  of  instruc- 
tion for  irregular  periods,  designed  mjore  particularly,  but  not 
exclusively,  to  qualify  teachers  for  common  or  other  schools, 
and  an  academy  or  preparatory  department  to  prepare  stud- 
ents for  the  regular  courses  of  study  in  the  university,  shall 
be  established  and  maintained  in  connection  with  the  univer- 
sity, each  under  a  competent  principal  and  assistants,  and  un- 
der the  general  supervision  and  control  of  the  faculty  thereof. 

(§  4636c-26  Ky.  St.)  Government  of  College — Trustees 
to  Establish  Rules  for. — That  the  board  of  trustees  be,  and 
hereby  are,  empowered  to  establish  proper  regulations  for 
government  of  the  college  and  physical  training,  military  or 
otherwise,  of  the  students,  and  to  authorize  the  suspension 
and  dismissal  of  students  for  neglect  or  violation  of  the  regula- 

Note.— This  section  is  a  combination  of  the  same  in  Carroll's  1920  Stat- 
utes and  Section  4636c-26  in  the  1918  Statutes. 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  259 

tions,  and  for  other  conduct  prejudicial  to  the  character  and 
welfare  of  the  institution. 

Section  145a-l.  (§  4636c-27  Ky.  St.)  Report  to  be  Made 
by  Trustees  to  Each  Legislature. — That  the  board  of  trustees 
shall  make  to  the  General  Assembly,  within  the  first  month  of 
each  regular  session,  a  full  report  of  the  condition  and  opera- 
tion of  the  college  since  the  date  of  the  preceding  report,  with 
such  recommendations  concerning  the  college  as  may  be  deem- 
ed necessary. 

(§  4636e-b.d  Ky.  St.)  (1)  Appropriation.— That  the  sum 
of  sixty  thousand  dollars  ($60,000.00)  or  so  much  as  may  be 
necessary  therefor,  be,  and  the  same  is  hereby,  appropriated 
for  the  purchase  of  ground  and  the  erection  thereon  of  a  suit- 
able building  as  a  dormitory  for  young  women  students  of  the 
agricultural  and  mechanical  college  of  Kentucky,  and  the 
equipment  and  furnishing  thereof,  which  dormitory  shall  be 
capable  of  lodging  and  boarding  comfortably  one  hundred  and 
twenty-five  persons ;  also  for  the  purpose  of  erecting  and  equip- 
ping a  suitable  budding  for  military  instruction,  physical  cul- 
ture and  rooms  for  Young  Men's  Christian  Association;  also, 
for  the  erection  and  equipment  of  a  suitable  building  for  the 
use  of  the  normal  department  and  for  the  use  of  the  academy ; 
also  for  the  erection  and  equipment  of  a  dormitory  for  young 
m,en  students  of  said  college ;  also,  for  the  purpose  of  erecting 
and  furnishing  an  annex  for  the  use  of  the  engineering  depart- 
ments of  said  college.  (Act  of  March  20,  1902,  made  an  addi- 
tional appropriation  of  thirty  thousand  dollars  ($30,000.00)  ; 
fifteen  thousand  dollars  ($15,000.00)  annually  was  appropriat- 
ed by  act  of  1904,  p.  288.) 

(2)  Dormitory  for  Young  Women— Title  to.— Thirty 
thousand  dollars  ($30,000.00)  of  the  sum  appropriated  under 
section  1  *of  this  act  is  hereby  set  apart  for  the  purchase  of 
ground  and  erection  of  a  dormitory  for  young  women,  and 
for  the  equipment  and  furnishing  of  the  same.  Said  building 
shall  contain  the  necessary  bedrooms,  water  closets,  bath- 
rooms, kitchen,  storerooms,  hall  for  physical  cultuure,  with 

Sections  4636C-2S,  46C6c-29,  4636c-30,  4636c-30a  are  rendered  void  by  de- 
cision of  Court  of  Appeals,  as  conflicting-  with  section  3  of  Constitution. 
Barker  v.  Crum,  177  Ky.  637.  See  note  under  section  4636a-7. 


260  KENTUCKY  SCHOOL  LAWS  1922 

the  necessary  conveniences  which  should  pertain  thereto. 
Said  women's  dormitory  shall  not  be  situated  on  any  part  of 
the  ground  known  as  the  college  campus.  The  title  to  said 
property  shall  be  vested  in  the  board  of  trustees  of  the  agri- 
cultural and  mechanical  college  of  Kentucky. 

(3)  Other  Building's. — The  residue  of  the  appropriation 
m,ade  by  this  act  shall  be  used  by  the  board  of  trustees  of  said 
college  in  erecting,  equipping,  furnishing  the  other  building 
set  forth  in  Sec,  1  of  this  act,  and  if  the  residue  of  the  appro- 
priation be  not  sufficient  therefor,  then  it  shall  be  expended  in 
erecting  and  furnishing  such  of  said  other  buildings  as  the 
board  of  trustees  shall  think  most  necessary  until  said  appro- 
priation be  exhausted. 

(4)  Trustees  to  Appoint  Board  of  Women  to  Superin- 
tend     Dormitory— Ternv— Meetings — Reports— Duties— Com- 
pensation.— The  board  of  trustees  shall    appoint    three    pru- 
dent, discreet,  intelligent  women,  m/embers  in  good  standing 
of  one  of  the  religious  organizations  recognized  by  the  laws 
of  the  United  States,  who  shall  constitute  a  board  of  super- 
vision or  control  to  mianage  and  superintend,  under  the  direc- 
tion of  the  board  of  trustees,  the  dormitory  for  young  women. 
The  term  of  service  shall  be  for  six  years ;  but  the  first  appoint- 
ments shall  be,  one  for  two  years,  one  for  four  years  and  one 
for  six  years,  respectively,  and  thereafter,  upon  the  expira- 
tion of  their  terms  of  service,  one  shall  be  appointed  at  the 
close  of  each  biennial  period  to  fill  the  vacancy.      Provided 
however,  that  the  board  of  trustees  shall  have  power  at  any 
timte  to  remove  any  m'ember  of  the  board  of  control  for  reasons 
which  they  mlay  deem  sufficient  and  to  fill  the  unexpired  term 
by  an  interim  appointment.    Said  board  -of  supervision  shall 
meet  at  convenient  intervals  for  the  transaction  of  business. 
They  shall  keep  a  record  of  their  proceedings  and  submit  the 
same  to  the  board  of  trustees  at  their  regular  meetings.  Their 
receipts  and  expenditures  shall  be  embodied  in  semi-annual  re- 
ports to  the  board.     They  shall,  when  the  dormitory  is  ready 
for  the  reception  of  students,  submit  to  the  board  of  trustees 
for  their  approval  or  to  the  executive  committee,  if  the  board 
of  trustees  be  not  in  session,  a  body  of  regulations  in  relation 
to  their  administration  of  the  business  of  the  dormitory,  and 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  261 

in  relation  to  the  conduct  and  discipline  of  its  occupants.  The 
members  of  the  board  of  supervision  or  control  shall  receive 
no  salary;  but  the  necessary  expenses,  incurred  in  the  dis- 
charge of  their  duties,  shall  be  paid  out  of  the  funds  set  apart 
for  the  administration  of  the  women's  dormitory.  (See  fur- 
ther, Sub-sec..  7.) 

(5)  Annual  Appropriation  for  Dormitory.— The  sum  of 
two  thousand  dollars  annually  is  hereby  appropriated  to  de- 
fray the  running  expenses  of  said  Women's  dormitory,  includ- 
ing fuel,  lights,  servant's  hire,  janitor,  cooks,  and  the  neces- 
sary expenses  of  the  board  of  supervision  and  control  as  here- 
inbefore set  forth. 

(6)  Rates  of  Board  for  Women— Other  Fees.— The  rates 
of  board  charged  young  women  shall  be  determined  by  the 
cost  of  provisions  and  their  preparation  and  service,  with  no 
pargin  or  profit.    A  small  monthly  fee  may,  however,  be  ad- 
ded to  cover  the  wear  and  tear  of  kitchen,  dining  room  and 
bed  room  furniture. 

(7)  Duties  of  Women's  Board.— <The  duties  of  the  board 
of  supervisors  or  control  shall  be  concerned  exclusively  with 
the  management  of  the  wom'en's  dormitory,  and  shall  in  no- 
wise relate  to  the  college  privileges,  duties  and  relations  of 
the  young  wopaen  nor  to  the  requirements  of  the  faculty  re- 
garding their  work  or  the  discipline  and  control  of  the  faculty 
over  them  as  students. 

(8)  Duties  of  President  as  to  Dormitory . — The  President 
of  the  college  shall,  as  the  representative  of  the  Board  of  Trus- 
tees, have  the  same  general  authority  in  regard  to  the  Women's 
dormitory  which  he  is  expected  and  required  to  exercise  over 
'the  interests  all  and  singular  of  the  college,  and  any  occupant 
of  said  dormitory  who  may  feel  aggrieved  by  the  act  of  the 
board  of  control  or  the  subordinate  appointees  shall  have  the 
privilege  of  appeal  to  the  President  of  the  college,  whose  de- 
cision shall  be  final  until  the  next  injecting  of  the  executive 
committee. 

(9)  Assignment  of  Rooms. — All  rooms  shall  be  assigned 
by  lot  three   days  after  the   session  opens.     Like  rules  and 

(9.)  Decision  of  the  Court  of  Appeals  in  Barker  v.  Crum,  177  Ky. 
637,  makes  void  the  distinctions  of  this  section  in  favor  of  county  ap- 
pointees, except  such  of  section  as  reads: 


262  KENTUCKY  SCHOOL  LAWS  1922 

preferences  shall  be  observed  in  regard  to  dormitory  accom- 
modations provided  for  mjen  students  at  said  college.  All 
rooms  shall  be  assigned  by  lot  three  days  after  the  session 
opens. 

(11)  Annual  Appropriation — How  Paid. — The  annual 
appropriation  m.ade.  by  this  act  for  the  benefit  *of  the  women's 
dormitory  shall  be  paid  to  the  treasurer  of  said  college  upon 
warrant  of  the  auditor  to  be  used  for  the  purposes  specified. 
This  section  is  an  act  of  March  21,  1900.  The  sub-sections 
are  the  numbers  of  the  sections  of  this  act.  Section  10  and 
part  of  section  11  relate  to  contracts  for  buildings  and  report 
of  expenditures,  and  are  omitted. 

(§  4636e-l  Ky.  St.)  Geological  Survey  Collection  Remov- 
ed to  State  College.* 

(§  4636e-2  Ky.  St.)  (Impliedly  repealed  March  25, 1918, 
C.  25,  p.  76.*  See  now  articles:  2721a-l,  et.  seq.)— l(Ecl.) 

Section  146a.  (§  4636M  Ky.  St.)  Agricultural  Experi- 
ment Station — Appropriation  for. — There  is  hereby  appro- 
priated to  the  Agricultural  Experiment  Station  of  the  .Uni- 
versity of  Kentucky,  Lexington,  Kentucky,  for  the  current 
fiscal  year  and  for  each  succeeding  year  thereafter,  fifty  thou- 
sand dollars  for  the  purpose  of  mjaking  field  experimients  in 
the  several  sections  of  the  State  in  order  to  ascertain  by  chemi- 
cal and  physical  examination  of  our  soils  and  by  direct  ex- 
periments in  laboratory  and  fields  what  crops  and  treatment 
are  best  suited  to  each,  whether  the  present  methods  are  tend- 
ing to  best  results  and  whether  to  the  preservation  or  reduc- 
tion of  fertility,  and  what  rotation  and  treatment  will  be  most 
effective  in  retaining  productive  capacities  of  the  soils  of  the 
various  sections  of  the  State,  to  discover  and  demonstrate  the 
best  methods  of  orchard  treatment,  the  culture  and  market- 
ing of  fruits  and  vegetables,  and  the  m»ost  effective  remedies 
for  insects  and  diseases  of  fruit  and  vegetables,  and  to  make 
a  systematic  study  of  plant  breeding  and  development  by 
means  of  crossing  and  selection  of  new  and  improved  varieties 

*By  an  act  of  March  25,  1898,  c.  55,  p.  144,  sec.  1.  The  geological  col- 
lections, maps,  charts,  apparatus,  material,  etc.,  of  the  geological  sur- 
vey were  ordered  removed  to  the  State  University,  there  to  remain  until 
recalled  by  the  General  Assembly.  By  an  act  of  March  7,  1912,  c.  12,  p. 
87,  sec.  1  (now  2007e-l)  all  -this  property  "excepting  the  State  museum" 
was  ordered  returned  to  Frankfort.— (Ed.) 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  263 

of  fruits  and  vegetables,  to  enable  said  station  to  conduct  in- 
vestigations calculated  to  develop  the  beef,  pork  and  mutton 
producing  interestts  of  the  State,  and  especially  to  devise  and 
conduct  feeding  experiments  intended  to  demonstrate  the  most 
successful  combination  of  stock  foods,  and  to  discover,  if  pos- 
sible, the  most  economical  and  successful  methods  of  main- 
taining animals  and  fitting  them  for  the  market,  for  pathologi- 
cal investigations,  and  to  investigate  live  stock  conditions  both 
at  home  and  abroad,  in  so  far  as  they  affect  miarket  values,  to 
enable  said  station  to  conduct  investigations  for  the  purpose 
of  developing  the  dairy  interests  of  the  State,  and  including 
feeding  experiments  for  production  of  milk  and  butter,  and 
the  rearing  of  calves,  and  the  study  of  contagious  diseases  for 
the  purpose  of  finding  remedies  therefor,  to  enable  the  said  sta- 
tion to  conduct  investigations  for  the  purpose  of  developing 
the  horse  interests  of  the  State,  including  the  best  methods 
of  feeding  and  breeding,  the  study  of  diseases,  and  through 
scientific  investigations  for  the  benefit  of  the  horse  industry 
of  the  State;  ten  thousand  dollars    ($10,000.00)   for  the  ad- 
vancement of  the  poultry  interests  of  the  State,  including  ex- 
periments in  breeding  for  egg  production  and  methods  best 
adapted  for  hatching  and  raising  of  chicks  and  feeding  ex- 
periments and  other  investigations  tending  to  the  economical 
production  of  poultry  and  eggs,  for  providing  the  necessary 
equipment  and  paying  the  expenses  of  the  extension  work  of 
said  experiment  station  in  order  to  bring  the  scientific  knowl- 
edge already  obtained,  and  that  thereafter  obtained,  in  the 
lines  of  agriculture  and  home  economics,  direct  to  the  farm 
and  home,  by  means  of  personal  visitation,  correspondence, 
co-operative  demonstrations  and  experiments  and  the  solution 
of   local    problems   by    station    experts    visiting   the   locality 
and  studying  the  problems  on  the  farm,  toward  the  mlainten- 
ance  of  said  station,  and  for  the  purpose  of  enlarging  the  hog 
cholera  serum  and  serum  plant  now  at  said  station,  and  for  the 
production  of  hog  cholera  serum  and  virus  to  be  furnished  the 
farmers  of  this  State  at  partial  cost  of  production  and  not  to 
exceed  one  cent  per  cubic  centimeter  and  to  be  distributed 
through  such  channels  as  the  director  of  said  experiment  sta- 


264  KENTUCKY  SCHOOL  LAWS  1922 

tion  mlay  deem,  advisable  for  the  protection  of  the  swine  in- 
terests of  the  State.  (March  11,  1912,  C.  26,  p.  134,  Sec.  1.) 

(§  4636f-2  Ky.  St.)  Disposition  of  Appropriation — Pay- 
ment to  be  Made  Quarterly. — The  sums  appropriated  under 
this  act  are  to  be  payable  quarterly  to  the  treasurer  of  said 
experiment  station  out  of  moneys  in  the  treasury  of  the  Com- 
monwealth of  Kentucky,  and  the  Auditor,  for  the  payment  of 
same,  is  directed  to  draw  his  warrant  upon  the  Treasurer  as 
in  all  other  claimis  against  the  Commonwealth.  The  Board  of 
Control  of  said  Experiment  Station  shall  furnish  to  the  Audi- 
tor of  Public  Accounts,  yearly,  an  itemized  statement  of  the 
money  expended  under  this  act.  (Id.,  Sec.  2.) 

For  the  purpose  of  carrying  out  the  provisions  of  this  act 
and  for  the  general  purposes  of  said  department,  including  the 
gathering  of  statistics,  the  sum  of  seventeen  thousand  dollars 
per  annum,  in  addition  to  the  amount  already  appropriated 
for  the  benefit  of  the  Bureau  of  Agriculture,  Labor  and  Sta- 
tistics, is  hereby  appropriated  out  of  any  money  in  the  treas- 
ury not  otherwise  appropriated  for  the  use  of  the  said  Bureau 
of  Agriculture,  Labor  and  Statistics.  The  clerk  of  the  board 
shall  certify  to  all  expenditures  of  the  board  to  the  chairmtan, 
who,  in  turn,  shall  certify  them  to  the  Governor  for  his  ap- 
proval, and  upon  his  approval  he  shall  authorize  the  Auditor 
of  Public  Accounts  to  draw  his  warrant  upon  the  Treasurer 
for  the  amount. 

There  is  hereby  appropriated  to  the  University  of  Ken- 
tucky for  the  present  fiscal  year,  the  sum  of  eighteen  thousand 
dollars,  and  a  like  sum  is  hereby  appropriated  annually  there- 
after, which  shall  be  used  by  the  university  for  the  purpose  of 
agricultural  extension,  and  for  the  use  qf  the  college  in  teach- 
ing agriculture. 

(§  4636g-l  Ky.  St.)  Co-operative  Marketing  Bureau. — 
The  University  of  Kentucky  shall  establish  in  connection  with 
its  agricultural  extension  work  a  co-operative  bureau  for  fos- 
tering marketing.  (March  15,  1916,  C.  20,  p.  149,  Sec.  6.) 

(§  4636g-2  Ky.  St.)  Fiscal  Courts  and  County  Boards  of 
Education  May  Aid  Agricultural  Extension  Work.— The  vari- 
ous fiscal  courts  and  boards  of  education  of  the  counties  in 
this  State  are  hereby  authorized  and  empowered  to  appropri- 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  265 

ate  such  sums  of  money  out  of  their  annual  funds  as  in  their 
wisdom  is  necessary  to  aid  in  carrying  on  extension  work  in 
agriculture  and  home  economics  in  their  respective  counties, 
and  in  connection  with  the  University  of  Kentucky.  (March 
15,  1916,  Sec.  7.) 

(§  4636h-l  Ky.  St.)  Federal  Act  Concerning  Agricultural 
Extension  Work  Accepted.— IThe  Commonwealth  of  Kentucky 
accepts  and  assents  to  the  provision  of  the  Act  of  Congress  en- 
title^, "An  act  to  provide  for  a  co-operative  agricultural  ex- 
tension work  between  the  agricultural  colleges  in  the  several 
states  receiving  the  benefits  of  an  act  of  Congress  approved 
July  two,  eighteen  hundred  and  sixty-one,  and  of  the  acts  sup- 
plementary thereto,  and  the  United  States  Department  of 
Agriculture,  which  was  approved  by  the  President  of  the 
United  States,  May  eight,  nineteen  hundred  and  fourteen,"  in 
all  of  its  terms  and  conditions,  and  the  University  of  Kentucky 
is  authorized  and  emjpowered  to  receive  the  grants  of  money 
appropriated  under  its  provisions.  (March  15,  1916,  Sec.  8.) 

The  Commissioner  of  Agriculture,  Labor  and  Statistics 
shall  annually  designate  some  date  at  least  thirty  days  before 
the  meeting  of  the  State  Farmers'  Institute,  when  the  farmers 
of  each  county  shall  meet  in  a  convention  at  the  county  seat 
for  the  purpose  of  selecting  one  or  more  delegates  to  attend 
said  State  institute,  and  which  convention  shall  at  the  same 
tim^e  select  one  or  more  crop  reporters  from  each  magisterial 
district  in  the  county  to  serve  for  one  year  without  pay,  whose 
duty  shall  be  to  report  to  the  Commissioner  of  Agriculture, 
Labor  and  Statistics,  monthly  the  acreage  and  condition  of 
crops  and  such  other  information  as  he,  under  the  law,  may 
ask  for.  In  the  event  no  convention  of  farmers  is  held  on  the 
date  fixed,  the  said  commissioner  is  authorized  and  empow- 
ered to  appoint  one  or  more  delegates  from  such  county  to  at- 
tend the  said  State  institute,  and  to  appoint  one  or  more  crop 
reporters  in  each  magisterial  district. 

Section  146.  (§  4636e-3*  Ky.  St.)  Course  of  Mining  En- 
gineering Established  at  State  College — Appointment  of  In- 
spector of  Mines  by  Trustees.— That  the  board  of  trustees  of 
the  State  College  be  and  they  are  hereby  authorized  to  estab- 
lish a  course  of  study  in  said  college  to  be  known  and  designat- 


266  KENTUCKY  SCHOOL  LAWS  1922 

ed  as  the  " course  of  mining  engineering,"  in  which  shall  be 
taught  all  the  branch  of  science  relating  thereto  and  said  board 
of  trustees  shall  (after  the  expiration  of  the  terms  of  service 
of  the  present  inspector  and  assistants  respectively),  select  as 
other  professors  are  selected,  a  suitable  and  competent  person 
for  dean  of  the  sam'e,  with  the  necessary  staff  of  assistants 
(and  said  dean  shall,  by  reason  of  said  selection,  be  the  inspec- 
tor of  mines,  with  all  the  powers  and  privileges  now  conferred 
upon  the  said  inspector  by  law).  It  shall  also  be  his  duty  to 
determine,  by  chemical  analysis  or  otherwise,  the  kind  and 
quantity  of  the  mineral  products  of  the  State  of  Kentucky,  as 
may  be  sent  to  him  for  inspection  or  analysis,  and  give  writ- 
ten opinions  thereon  (but  these  latter  duties  shall  not  be  al- 
lowed to  interfere  with  his  duties  as  inspector  relative  to  the 
safe  condition  of  the  coal  mines  of  the  state.)  (He  shall  take 
the  oath  and  give  the  same  bond  as  now  required  by  said  of- 
ficer.) He  and  his  assistants  shall  hold  office  on  identically 
the  same  conditions  with  other  professors  in  said  college,  and 
shall  be  subject  to  removal  as  they  are.  Said  dean  and  his  as- 
sistants, however,  inasmuch  as  their  duties  consist  primarily 
and  principally  of  work  peculiarly  public  and  practical  in  its 
relation  to  the  mines  and  mineral  products  of  the  Common- 
wealth, shall  be  regarded  as  public  servants  in  a  sense  in  which 
the  ordinary  professors  of  the  college  can  not  be  regarded,  and 
shall  therefore  receive  compensation  directly  from  the  State 
and  not  from  the  funds  of  the  college,  and  their  compensation 
as  now  fixed  by  law  shaft  be  certified  to  the  auditor  as  hereto- 
fore and  paid  out  of  the  treasury  as  now  paid.  (March  15, 
1898,  C.  55,  p.  144,  Sec.  3,  as  amended  March  26,  1918,  C.  25, 
p.  76.*) 

Section  147.  (§  4636h-2  Ky.  St.)  Federal  "Smith-Lever 
Act"  Accepted. — That  the  State  of  Kentucky  accepts  the  pro- 
visions and  terms  of  the  Smith-Lever  bill,  and  the  trustees  of 

*The  office  of  chief  inspector  of  mines  is  created  by  the  act  of  March 
26,  1918,  new  sections  2721a-l,  et  seq.,  which  impliedly  repeals  so  much  of 
the  foregoing  section  as  is  inclosed  in  brackets  and  probably,  in  addition, 
so  much  as  requires  the  payment  of  the  dean's  salary  from  the  State 
Treasury. 

It  is  also,  well  to  know  that  the  title  of  said  act  of  March  15,  1898, 
which  is  here  compiled  as  sections  4636e-l,  et  seq.,  reads,  "an  act  to  amend 
c.  89,  of  the  Kentucky  Statutes,  title  mines  and  mining-,"  and  that  no  part 
of  said  chapter  so  proposed  to  be  amended  merely  by  reference  to  its  title 
is  set  forth  in  full  or  at  all  in  the  amendment  act,  see  note  to  section 
2219a,  Ky.  Statutes. 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  267 

the  State  University  of  Kentucky,  Lexington,  Kentucky,  are 
hereby  authorized  to  receive  whatever  funds  accrue  to  the 
State  of  Kentucky  under  said  act  and  to  apply  them  to  the 
promotion  of  extension  work  in  agriculture  and  home  econo- 
mics in  this  state  as  by  the  terms  of  the  national  act  required, 
and  for  no  other  purpose  whatever.  (Joint  Resolution  of  March 
6,  1916,  C.  144,  p.  733.) 

(§  4636i  Ky.  St.)  Fifty  Thousand  Dollars  ($50,000.00) 
Additional  Annual  Appropriatf-on. — (See  sections  4535b-l,  et 
seq.,  appropriating  money  and  forbidding  creation  of  debts.) 

Section  147a.  (§  4636k-l  Ky.  St.)  Persons  Engaged  in 
the  Military  or  Naval  Service  During  World  War  Entitled  to 
Scholarship — Privileges  Included. — That  every  person  who  was 
engaged  in  the  military  or  naval  service  of  the  United  States 
of  America  during  the  war  with  Germany  and  her  allies,  which 
war  was  declared  April  6,  1917,  and  who  was  at  the  time  of  his 
enlistment  a  resident  of  the  State  of  Kentucky,  shall  be  en- 
titled to  a  free  scholarship  in  either  the  State  University,  or 
the  Eastern  or  Western  Kentucky  Normal  Schools  and  the 
Kentucky  Normal  and  Industrial  Institute  for  colored  persons 
as  he  or  she  may  choose  for  a  period  required  for  the  comlple- 
tion  of  the  course  of  study  selected  by  them.  Said  scholar- 
ship shall  include  free  tuition,  matriculation  and  other  fees, 
room  rent,  fuel,  and  light,  and  the  advantages  and  privileges 
of  the  university  or  either  of  said  normal  schools,  but  same 
does  not  include  free  board.  (March  23,  1920,  C.  67,  p.  281, 
Sec.  1.) 

(§  4636k-2  Ky.  St.)  Persons  Entitled  to  Privilege.— Mili- 
tary or  naval  service  as  used  herein  shall  mean  and  include 
all  the  branches  of  the  service  prescribed  and  classified  by  the 
United  States  War  Department  as  a  part  of  either  of  said  serv- 
ices. (Id.,  Sec.  2.) 

(§  4636k-3  Ky.  St.)  Scholastic  Requirements.— All  per- 
sons eligible  to  said  scholarship  shall  meet  the  scholastic  en- 
trance requirements  prescribed  by  the  university  or  norm'al 
schools  for  the  course  of  study  chosen  by  the  applicant.  (Id., 
Sec.  3.) 

(§  4636k-4  Ky.  St.)  Application.— The  applicant  shall 
file  his  application  for  admission  at  least  thirty  days  prior  to 


268  KENTUCKY  SCHOOL  LAWS  1922 

the  beginning  of  the  semester  of  the  school  year  at  which  he 
desires  to  enter,  which  application  shall  be  accompanied  by 
his  certificate  of  honorable  discharge  from  his  or  her  branch 
of  the  service,  which  shall  be  returned  to  him  or  her  upon  ad- 
mittance. (Id.,  Sec.  4.) 

(§  4636k-5  Ky.  St.)  Traveling  Expenses. — All  beneficiar- 
ies of  the  scholarship  herein  granted,  who  continue  their 
studies  for  a  consecutive  school  year  of  ten  mpnths,  unless  un- 
avoidably prevented,  shall  also  be  entitled  to  their  actual 
traveling  expenses  in  going  to  and  returning  from  the  univer- 
sity or  the  normal  schools  once  each  way  during  said  year. 
(Id.,  Sec.  5.) 

(§  4636k-6  Ky.  St.)  Traveling  Expenses— Payment.— The 
cost  of  said  traveling  expenses  shall  be  paid  at  the  end  of  the 
year  to  said  students  complying  with  the  requirements  herein 
by  the  proper  authority  of  the  institution  attended,  who  shall 
at  the  close  of  the  scholastic  year  file  with  the  State  Auditor 
an  itemized  •statement  of  all  money  so  expended,  giving  the 
name  of  the  student,  and  the  points  of  starting  and  destina- 
tion, and  the  auditor  shall  thereupon,  if  said  statement  is  cor- 
rect, draw  upon  the  state  treasurer  for  said  amount,  which 
shall  be  paid  out  of  any  funds  in  the  treasury  not  apppro- 
priated.  (Id.,  Sec.  6.) 

Section  147a-l.  (§  46361-1  Ky.  St.)  Any  university  or 
normal  school  which  is  maintained  wholly  or  in  part  by  funds 
appropriated  and  payable  out  of  the  Treasury  of  the  Comm'on- 
wealth  of  Kentucky,  is  hereby  vested  with  the  right  and  power 
to  acquire  additional  lands,  or  other  property  or  material  for 
the  purpose  of  expanding  its  plants  and  extending  its  useful- 
ness. 

When  any  such  university  or  normal  school  is  unable  to 
contract  or  agree  with  the  owner  or  owners  of  such  land,  other 
property  or  material  necessary  for  the  purposes  of  such  uni- 
versity or  normal  school,  it  may  proceed  to  condemn  and  ac- 
quire such  land,  or  other  property  or  material,  or  so  much 
thereof  as  may  be  necessary  for  the  purposes  of  such  univer- 
sity or  nornial  school. 


THE  STATE  UNIVERSITY,  LEXINGTON,  KY.  269 


All  condemnation  proceedings  herein  provided  for 
be  conducted  in  the  same  manner  as  provided  by  law  for  con- 
demning land  for  railroad  purposes. 

Whereas,  it  is  necessary  to  immediately  acquire  land,  or 
other  property  or  material  for  the  purposes  set  out  in  sections 
1  and  2  hereof,  an  emergency  is  declared  to  exist,  and  this  act 
shall  take  effect  from  and  after  the  date  of  its  passage  and  ap- 
proval by  the  Governor.  (Act  March  18,  1922.) 

(§  4390a  Ky.  St.)  It  shall  be  the  duty  of  all  educational 
institutions  and  county  superintendents  receiving  aid  from 
the  State  of  Kentucky  to  make  a  report  to  the  State  Depart- 
ment of  Education  at  the  close  of  each  scholastic  year,  show- 
ing in  detail  all  funds  received  frop.  the  State  of  Kentucky, 
and  from  all  other  sources,  during  such  year,  and  a  detailed 
statement  of  all  expenditures  for  the  year. 

All  laws  or  parts  of  laws  in  conflict  herewith  are  hereby 
repealed.  (Act  of  March,  1922.) 


Chapter  XV. 

STATE   TEXT   BOOK  COMMISSION 


Sec.  148.  B  o  a  r  d  —  organization- 
term  of  text  books. 

Sec.  149.  Bids— proposals— s  p  e  c  i- 
men  copies — contracts — 
contents  by  books. 

Sec.  150.  Adoption  on  merit— cities 
'  exempt— notification  o  f 
bidders. 

Sec.  151.  State  Superintendent's 
contract— certified  lists- 
printed  price— exchange- 
penalties. 

Sec.  112.  Supplementary  books- 
filed  copies— uniformity- 
legal  procedures— com- 
pensation. 


Sec.  153.  Publishers'  agreements 
forbidden — penalties  jur 
bribe  ry— misfeasance- 
bonds — executive  s  e  s- 
sions. 

Sec.  154.  County  text  book  com- 
missions —  organization — 
bids— county  high  school 
adoption. 

Sec.  155.  Awarding  of  contracts- 
appointing  of  agents— 
Commissi  on— printed 
lists. 

Sec.  156.  Suppleme  ntary— filed 
c  o  p  i  e  s— penalties— vo.d 
contracts— bonds— f  e  e  s— 
control  of  prices — city 
commission's  duties  and 
powers  identical. 


Section  148.  (§  4421a-l  Ky.  St.)  Membership  of  Com- 
mission.— There  is  hereby  created  a  State  Text  Book  Commis- 
sion to  be  composed  of  the  following  members : 

The  Governor,  who  shall  be  ex-officio  chairman  of  said 
commission;  the  Superintendent  of  Public  Instruction,  who 
shall  be  ex-officio  secretary  of  said  comtojission,  one  member 
of  the  faculty  of  each  of  the  State  Normal  Schools  at  Richmond 
and  Bowling  Green;  one  member  of  the  faculty  of  the  State 
University,  and  one  educator  of  high  qualifications,  actually 
engaged  in  educational  work,  fro^m  each  of  the  appellate  court 
districts.  All  members  except  the  two  ex-officio  members 
shall  be  appointed  by  the  Governor  in  the  month  of  January, 
in  the  year  1919,  and  in  the  rn^onth  of  January  every  four  years 
thereafter.  Said  appointive  members  shall  serve  for  a  term  of 
four  years  from  and  after  their  appointment  and  until  their 
successors  are  appointed  and  qualified,  and  any  vacancies  on 


184. 


Validity  and  construction  of  act  of  1914.     Bowman  v.   Hamlett,   159  Ky. 


Action  on  bond  of  contractor  under  former  statutes.  Com.  v.  Ginn, 
111  Ky.  110,  23  R.  521;  and  see  Mills  v.  Myers,  24  R.  971,  70  S.  W.  412;  see 
further  as  to  action  on  bond.  Com.  v.  Ginn  &  Co.,  120  Ky.  83  27  R  4S6; 
.Rand-McNally  Co.  v.  Turner,  29  R.  696;  Reid  v.  Com.,  123  Ky.  240,  20  R.  672; 
Graziana  v.  Com.,  123  Ky.  799,  SO  R.  119;  Graziana  v.  Burton,  30  R  180,  97 
S.  W.  800. 

By  act  of  March  15,  1910  (S.  A.,  p.  46),  provision  is  made  for  a  text 
book  commission  in  each  county,  and  in  cities  and  towns. 

This  act  is  constitutional.  It  does  not  in  any  way  affect  any  laws 
respecting  cities  of  the  first,  second,  third  and  fourth  classes.  In  fixing 
the  compensation  of  the  retail  dealer  the  basis  is  the  retail  price,  but  the 
commission  and  the  parties  may  fix  the  compensation  of  the  retail  dealer 
in  any  amount  not  exceeding  15%  of  the  retail  price.  Bowman  v.  Hamlett. 
159  Ky.  184. 


STATE  TEXT  BOOK  COMMISSION  271 

said  commission  shall  be  filled  in  the  same  manner  as  the 
original  membership  is  determined.  (March  10,  1918  C  110 
p.  453.) 

(§  4421a-2  Ky.  St.)  Oath  of  Office.— Each  member  of  said 
commission  shall  qualify  by  taking  and  subscribing  to  an  oath 
faithfully  to  discharge  his  duties  as  required  by  this  law,  and 
the  said  affidavit  shall  be  filed,  in  writing,  in  the  office  of  the 
Superintendent  of  Public  Instruction.  (Acts  of  March  10 
1918,  C.  110,  p.  453.) 

(§  4421a-3  Ky.  St.)  Meeting  of  Commission— Notice  to 
Publishers.— The  members  of  the  State  Text  Book  Comdnission, 
as  thus  constituted,  shall  meet  within  ten  days  after  their  ap- 
pointment on  the  call  of  the  chairman,  or,  on  a  call  signed  by 
a  majority  of  the  members,  in  the  "office  of  the  chairman,  for 
the  purpose  of  organization,  and  to  provide,  as  hereinafter 
stated,  for  proper  notice  to  the  various  text  book  publishers, 
regarding  the  adoption  of  text  books  for  a  period  of  five  years, 
in  the  State  of  Kentucky.  (March  29,  1918,  C.  110,  p.  453.) 

Section  149.     (§  4421a-4  Ky.  St.)    Advertisement  for  Bids 
— Proposals   Concerning  Renewal — Contract  Prices. — At  the 
first  meeting  of  the  State  Text  Book  Commission,  as  herein 
constituted,  it  shall  advertise  in  one  or  more  daily  newspapers, 
or  by  written  notifications  to  all  qualified  publishers,  as  here- 
inafter provided ;  that  said  commission  will  receive  sealed  bids 
or  proposals  from  the  publishers  of  school  text  books,  on  or 
before  the  first  day  of  March  preceding  the  expiration  of  the 
present  or  any  future  contracts  for  the  adoption  of  text  books, 
in  accordance  with  the  provisions  of  this  law,  and  such  other 
regulations  as  the  commission  ^may  prescribe.      The  commis- 
sion will  also  receive,  at  the  same  time,  written  proposals  from 
publishers  who  may  at  that  time  hold  contracts  with  the  State 
of  Kentucky,  or  with  any  city  of  the  first,  second,  third  and 
fourth  class,  as  to  whether  or  not  they  will  furnish  and  provide 
such  books  as  are  in  use  at  that  time,  for  a  period  of  five  years 
from  the  date  of  the  expiration  of  said  contract,  at  the  sanie 
price  or  a  less  price.      Such  written  statement  shall  be  filed 
with  the  commission,  as  stated  above,  relating  to  the  adoption 
or  the  continuation  of  said  books  for  said  period  of  time  in 
either  the  State,  or  in  any  of  the  above  named  cities,  provided 


272  KENTUCKY  SCHOOL  LAWS  1922 

that  not  more  than  fifty  per  cent  of  either  the  high  school  or 
the  common  school  districts,  which  are  then  in  use  in  the  pub- 
lic or  high  schools  of  the  State,  shall  be  changed,  provided  an 
arrangement  may  be  made  with  the  publishers  of  said  books, 
whereby  the  same  books  may  be  continued  for  a  period  of  five 
years  at  a  price  equal  to  or  less  than  the  price  at  which  books 
are  sold  at  the  time,  but  a  continuation  of  fifty  per  cent  of  any 
portion  of  books  shall  not  be  obligatory  on  any  of  such  cities. 
(March  29,  1918,  C.  110.) 

(§  4421a-5  Ky.  St.)  Bids  to  Supply  Books — Opened  in 
Executive  Session — Temporary  Extension  of  Old  Contracts — 
Changes  in  Text  Books. — Such  bids  and  proposals  shall  be  for 
furnishing  books  during  a  period  of  five  years.  The  bids  shall 
state  specifically  the  net  contract  prices  at  which  books  are  to 
be  furnished  to  dealers  within  a  county,  and  the  exchange 
price,  and  shall  be  accompanied  by  a  specimen  copy  of  every 
book  proposed  to  be  furnished.  Any  person,  corporation,  com- 
pany or  association  proposing  the  bid  for  a  contract  to  furnish 
text  books  under  the  provisions  of  this  act  shall  lodge  with  his 
or  its  bid  a  sample  copy  of  the  text  book  proposed  to  be  fur- 
nished, which  text  book,  after  the  contract  is  entered  into, 
shall  be  safely  kept  in  the  office  of  the  Superintendent  of  Pub- 
lic Instruction,  and  such  person,  company,  corporation  or  as- 
sociation shall,  during  the  existence  of  such  contract,  deliver 
to  the  dealer,  as  provided  in  this  act,  text  books  equal  in  bind- 
ing, Inishing  and  material!!  to  said  sample  copy  and  shall  fur- 
nish the  sarnie  under  such  contract  at  a  price  not  exceeding 
the  price  at  which  the  same  or  substantially  the  same  book 
may  be  furnished  or  delivered  to  the  dealer,  patron  or  pupil 
in  any  other  State  in  the  United  States.  If  such  person,  com- 
pany, corporation,  or  association  fails,  neglects  or  refuses  to 
furnish  text  books  under  such  contract  as  herein  provided,  a 
recovery  on  the  bond  provided  herein  may  be  had  in  any 
county  in  the  State,  in  which  such  failure,  neglect  or  refusal 
may  occur,  in  an  action  by  the  County  Superintendent  of  such 
county  on  said  bond.  All  bids  shall  be  sealed  and  deposited 
with,  the  secretary  of  the  commission,  to  be  by  him  delivered 
to  the  commission  in  executive  session,  when  they  shall  be 
opened  in  the  presence  of  the  commission.  It  shall  be  the  duty 


STATE  TEXT  BOOK  COMMISSION  273 

of  the  secretary  of  the  commission  to  carefully  preserve  in  his 
office  for  comparison,  the  specimen  copy  of  each  of  the  books 
adopted,  together  with  the  original  bid  or  proposal,  and  when 
requested,  to  return  to  the  publishers  the  specimen  copies  of 
other  books  submitted  at  their  expense. 

Provided,  however,  that  when  the  present  contracts  then 
existing  for  the  furnishing  of  text  books  shall  have  expired  by 
the  terms  thereof,  the  commission  shall  arrange  for  a  continu- 
ance of  such  contracts  for  a  period  of  five  years,  on  at  least 
fifty  per  cent  of  the  subjects  then  in  use,  provided  such  con- 
tracts may  be  renewed  or  continued  at  the  same,  or  at  a  less 
price  than  that  at  which  they  are  furnished  at  that  time.  The 
commission  shall  provide  for  the  Baking  of  new  contracts  and 
new  bonds  and  the  provisions  of  the  text  book  law  as  now 
amended,  shall  be  followed  with  respect  to  the  books  which 
are  continued  or  the  contracts  which  are  renewed,  as 
that  on  which  new  books  are  adopted.  At  the  ex- 
piration of  any  new  contract,  and  every  five  years  there- 
after, adoptions  and  renewals  of  contracts  shall  be  made  ac- 
cording to  the  provisions  of  the  text  book  law.  If  it  shall  be 
impossible  for  the  commission  to  arrange  for  a  continuance  of 
fifty  per  cent  of  the  books  then  in  use  at  a  price  equal  to,  or 
less,  the  commission  shall  readvertise  and  proceed  with  the 
selection  and  adoption  of  such  books  as  in  the  original  man- 
ner. However,  the  comimussion  may  select  the  same  books 
at  a  higher  price  providing  the  publishers  will  not  continue 
them  at  the  same  price.  (March  29,  1918,  C.  110,  p.  453,  Sec. 
4.) 

(§  4421a-6  Ky.  St.)  Commission  May  Reject  Bids.— The 
commission  shall  have  and  reserve  the  right  to  reject  any  and 
all  bids  for  reasons  satisfactory  to  a  majority  of  the  commis- 
sion. In  case  of  failure  to  select,  from  the  bids  submitted,  a 
satisfactory  text  book  upon  any  of  the  branches  prescribed  by 
law,  the  commission  shall  re-advertise  for  sealed  bids  under 

Sec.  4421a-5.  The  failure  to  readvertise  when  required  by  this  see- 
so  to  do,  rendered  invalid  the  contracts  adopting  text  books.  State  Text 
Book  Commission  v.  Weathers,  184  Ky.  748. 

The  word  subjects  in  this  section  is  to  be  construed  as  if  the  word 
"text  books"  were  used.  State  Text  Book  Commission  v.  Weathers,  184 
Ky.  748. 

The  word  "copy"  means  a  completed  reproduction  of  the  original. 
State  Text  Book  Commission  v.  Weathers,  184  Ky.  748. 


274  KENTUCKY  SCHOOL  LAWS  1922 

the  same  terms  and  conditions,  and  proceed  with  the  adoption 
as  in  the  first  instance.  (Act  of  March  29,  1918,  C.  110,  p.  453, 
Sec.  6.) 

(§  4421a-7  Ky.  St.)  Adoption  to  be  Made— Provisions  as 
to  Cities. — It  shall  be  the  duty  of  the  said  commission  in  the 
years  in  which  existing  contracts  expire,  by  a  majority  vote 
of  the  entire  commission,  to  adopt  from  the  authorized  State 
list  of  books  submitted,  as  hereinafter  provided,  a  uniform 
series  or  system  of  text  books  for  use  in  the  common  schools 
.and  the  high  schools  of  the  State,  except  in  cities  of  the  first, 
second,  third  and  fourth  classes,  and  to  arrange  for  the  distri- 
bution and  sale  of  such  books  to  dealers  at  the  net  contract 
price.  The  commission  m:ay,  from  time  to  time,  miake  any  regu- 
lations not  contrary  to  the  provisions  of  this  act,  to  secure  the 
prompt  and  faithful  performance  of  all  contracts,  and  the 
prompt  distribution  of  the  books  herein  provided  for.  (Act 
of  March  29,  1918,  C.  110,  p.  453,  Sec.  7.) 

(§  4421a-7a'Ky.  St.)  Time  When  Selection  of  Books  for 
Elementary  Schools  to  be  Made. — In  all  years  in  which  text 
books  are  selected  and  adopted  by  the  text  book  commission 
for  the  elementary  schools  of  Kentucky,  said  selection  and 
adoption  shall  be  mjade  not  later  than  the  first  day  of  May  of 
the  year  in  which  such  are  made.  (March  18,  1916,  C.  24,  p. 
162,  Sec.  229,  cross  reference.  See  section  4421a-26.) 

(§  4421a-8  Ky.  St.)  Not  Compulsory  on  Cities— List  of 
Books  to  be  Submitted  to  City  Boards  of  Education — Cities 
May  Adopt  Books  in  Uniformity  With  the  State  Selections-- 
Application of  this  Law  to  Cities. — The  cities  in  the  State  of 
Kentucky,  of  the  first,  second,  third  and  fourth  classes,  shall 
not  be  compelled  to  use  the  books  adopted  by  the  State  Text 
Book  Commfission.  It  shall  be  the  duty  of  the  secretary  of  the 
State  Text  Boox  Commission  to  submit  to  the  board  of  educa- 
tion of  each  of  the  said  cities  a  certified  list  of  all  books  filed 
for  adoption  with  the  State  Text  Book  Commission  as  soon  as 
practical  after  such  bids  have  been  received  by  the  text  book 
commission,  and  also  a  list  of  such  books  as  have  been  adopted 
in  said  cities  which  may  be  continued  for  a  period  of  five  years. 
The  board  of  education  of  said  cities  shall  adopt  a  series  of 
books,  and  contracts  with  publishers  for  said  books  shall  be 


STATE  TEXT  BOOK  COMMISSION  275 

made     by     and     between     the     publishers     and     the     said 
board     of     education:       The    five     year     adoption    of     text 
books    by    the    boards    of    education    in    the    various    cities 
of  the  first,  second,  third   and  fourth   classes,   shalll   be   made 
within  sixty  days  after  the  adoption  has  been  m,ade  by  the 
State  Text  Book  Comjm,ission  for  the  State  of  Kentucky,  and 
such  adoption  in  the  various  cities  may  be  made  from  the  list 
of  books  certified  by  the  State  Text  Book  Commission,  it  being 
the  intention  of  this  act  to  permit  uniformity  in  the  State  of 
Kentucky,  and  in  said  cities  wherever  possible.     All  the  pro- 
visions of  this  section  and  the  bonds  required  to  be  given  by 
said  publishers,  shall  be  applicable  to  the  sale  of  text  books 
in  such  cities.      Any  city  of  the  first,  second,  third  and  fourth 
classes  may  require  bond  to  be  made  in  favor  of  the  board  of 
education  at  the  time  of  the  making  of  the  contract  between 
said  city  and  said  publisher,  or  it  may  relinquish  such  right, 
provided  the  publisher  with  whom  a  contract  is  made  has  pre- 
viously filed  a  bond  with  the  State  of  Kentucky,  guaranteeing 
the  faithful  performance  of  its  contract  with  the  State  and 
with  said  cities.     In  this  event  the  city  mlay  rely  for  relief  on 
the  bond  given  to  the  State  of  Kentucky,  should  the  contract 
be  violated.    All  five  year  contracts  with  the  above  named 
cities  shall  be  made  within  the  time  specified  by  this  law,  and 
all  provisions  of  this  section  and  penalties  of  this  law,  respect- 
ing the  adoption  of  books,  shall  operate  and  be  effective  in 
said  cities.     Save  as  in  this  section  8,  provided  the  provisions 
of  this  act  shall  not  apply  to  the  boards  of  education  of  cities 
of  the  first,  second,  third  and  fourth  classes,  but  the  act  of 
1910  regarding  cities  of  the  first,  second,   third  and  fourth 
classes,  and  the  act  of  1912  regarding  cities  of  the  second  class 
shall  be  and  remjain  in  force  unaffected  by  this  act.     (March 
29,  1918,  C.  110,  p.  453.) 

(§  4421a-9  Ky.  St.)  Merits  of  Books  to  be  Considered.— 
The  commission,  in  the  selection  and  adoption  of  a  uniform 
series  of  text  books  for  the  State,  shall  consider  the  merits  of 
the  books,  taking  into  consideration  their  subject  matter,  the 


276  KENTUCKY  SCHOOL  LAWS  1922 

printing,  binding,  material  and  mechanical  qualities,  their 
general  suitability  and  desirability  for -the  purposes  intended, 
and  the  price.  (March  29,  1918,  Sec.  9.) 

(§  4421a-10  Ky.  St.)  Branches  of  Study  Included.— The 
uniform  series  of  text  books  to  be  selected  by  the  compassion 
shall  include  all  branches  required  or  that  may  hereafter  be 
required  by  law  to  be  taught  in  the  commjon,  elementary  and 
high  schools  of  the  State,  except  as  herein  provided;  and  no 
text  book  shall  contain  anything  of  a  partisan,  sectional  or 
sectarian  character.  (Act  March  29,  1918,  Sec.  10.) 

(§  4421a-ll  Ky.  St.)  Contracts  to  be  Awarded.— After 
the  adoption  shall  have  been  made  the  commission  shall  award 
the  contracts,  and  shall,  by  registered  letter,  notify  the  bid- 
ders to  whom  contracts  may  have  been  awarded.  It  Shall  be 
stipulated  in  all  contracts  that  the  retail  prices  shall  not  ex- 
ceed the  retail  prices  at  which  the  same  book  or  books  are  sold 
in  any  State,  county,  township  or  school  district  in  the  United 
States.  (Act  March  29,  1918,  Sec.  11.) 

Section  151.  (§  4421a-12  Ky.  St.)  Contract  Forms  to  be 
Supplied  by  Superintendent  of  Public  Instruction— Applica- 
tion to  Cities.— It  shall  be  the  duty  of  the  State  Superintend- 
ent of  Public  Instruction  to  prepare  and  have  printed  a  form 
of  contract  and  a  form  of  bond  between  the  State  Text  Book 
Comjmission  and  the  publishers  of  school  books,  and  also  a 
form  of  contract  and  a  form  of  bond  between  the  various  city" 
boards  of  education  and  the  publishers  of  school  books,  such 
forms  of  contract  to  be  approved  by  the  Attorney  General  and 
no  other  form  of  contract  shall  be  used  by  the  State  Text  Book 
Commission  or  any  city  board  of  education  with  the  publish- 
ers. In  carrying  out  the  provisions  of  this  act  nothing  herein 
shall  prevent  any  publisher  from  filing  sample  copies  of  books 
to  be  adopted  with  the  board  of  education  in  said  cities.  The 
board  of  education  in  the  various  cities  of  the  first,  second, 
third  and  fourth  classes  shall  adopt  a  series  of  text  books  for 
use  in  such  cities,  from,  the  list  certified  to  them  by  the  secre- 
tary of  the  State  Text  Book  Commission.  (March  29,  1918, 
C.  110,  p.  453.) 

(§  4421a-13  Ky.  St.)  State  of  Kentucky  Not  Liable  on  Con- 
tract.— It  shall  always  be  a  part  of  the  terms  and  conditions  of 


STATE  TEXT  BOOK  COMMISSION  277 

every  contract  mjade  in  pursurance  of  this  act,  that  the  Com- 
pionwealth  of  Kentucky  shall  not  be  liable  to  any  contractor 
or  book  company  in  any  manner  whatever,  for  any  sum  of 
money,  and  all  such  contractors  or  book  companies  shall  re- 
ceive their  pay  and  .compensation  solely  and  exclusively  from 
the  proceeds  of  the  sale  of  said  books,  as  provided  for  in  this 
act.  (March  29,  1918,  Sec.  13.) 

(§  4421a-14  Ky.  St.)  Dealers  to  be  Appointed— Band  of 
Dealers— Exchange  of  Books.— For  the  distribution  and  sale 
of  books  adopted  by  the  State  Text  Book  Commission  to  the 
patrons  of  the  schools  of  the  State,  the  county  board  of  educa- 
tion, or  the  city  board  of  education  as  herein  provided,  shall 
appoint  one  or  more  responsible  merchants  or  other  agents  in 
each  educational  division  in  the  counties  and  cities  hereinabove 
mentioned,  of  good  financial  rating,  in  locations  selected  with 
reference  to  the  convenience  of  the  patrons  of  the  schools,  as 
dealers  of  text  books,  and  such  dealers  shall  receive  twenty 
per  cent  based  upon  the  net  contract  price  at  which  the  books 
are  furnished  to  the  dealers,  such  dealer  shall  pay  the  transpor- 
tation charges  and  all  other  charges  on  the  said  books.  Such 
dealer  shall  .be  of  good  financial  rating,  but  no  contractor  shall 
have  the  right  to  refuse  to  furnish  books  to  such  dealers  on 
the  ground  that  his  financial  rating  is  not  good  in  the  event 
such  dealers  execute  a  bond,  approved  by  the  county  super- 
intendent, for  the  faithful  performance  of  his  duties,  and  that 
he  will  well  and  truly  pay  over  to  such  contractor  all  the 
money  comiing  into  his  hands  belonging  to  the  contractor.  Said 
dealers  shall  exchange  new  books  for  old  ones  of  the  same 
grade  displayed  by  said  adoption,  at  the  exchange  price  herein 
provided  for,  during  the  first  year  of  the  life  of  each  and  every 
contract  made  under  the  provisions  of  this  act.  All  bids  and 
proposals  shall  set  out  clearly  and  specifically  an  exchange 
price  at  which  such  book  or  books  shall  be  furnished  to  pupils 
and  patrons  who  may  have  old  books'on  the  same  subject,  and 
which  may  be  exchanged  for  new  books,  and  the  exchange 
prices  shall  in  all  cases  be  subject  to  the  terms  of  the  contract 
made  between  the  State  and  any  publishers  bidding.  Such 
new  books  as  are  held  in  Kentucky  now  or  at  any  future  adop- 
tion by  purchase  by  dealers,  and  in  good  condition,  shall  be 


278  KENTUCKY  SCHOOL  LAWS  1922 

taken  by  exchange  at  the  original  net  price  by  successful  bid- 
ders from,  such  dealers  as  held  in  stock  such  books.  (Act  of 
March  29,  1918,  C.  110,  p.  453,  Sec.  14.) 

(§  4421a-15  Ky.  St.)  Price  of  Books  to  be  Printed  on  Cover 
—Penalty  for  Violation  of  Selling  Price.— There  shall  be  plac- 
ed in  clear  readable  type,  on  the  outside  cover  of  the  back  of 
every  book  sold  in  the  State  under  the  terms  of  this  act,  the 
retail  price  and  the  exchange  price  of  said  book,  with  the  fol- 
lowing caution  to  the  public,  to-wit. :  "The  prices  printed 
hereon  are  fixed  by  State  contract  and  any  higher  prices  are 
unlawful;  any  deviation  therefrom  should  be  reported  to 
your  county  superintendent  or  to  the  State  Text  Book  Com- 
mission at  Frankfort." 

Any  agent  or  dealer,  clerk  or  other  person  having  or  sell- 
ing books  adopted  under  this  act,  who  shall  ask  or  receive  for 
any  such  book  niiore  than  the  lawful  price  therefor,  as  herein 
defined,  or  who  shall  refuse  to  exchange  new  books  for  old  at 
the  exchange  price  herein  provided  for,  during  the  said  ex- 
change period,  or  who  shall  refuse  to  receive  from  patrons  or 
pupils  books  owned  by  them  that  were  adopted  under  such 
laws  as  are  now  in  force  in  the  State  of  Kentucky  prior  to  this 
act,  and  used  in  commion  and  high  schools  of  this  State  and  to 
allow  to  them  the  exchange  value  thereof  for  such  old  books 
in  exchange  for  the  corresponding  new  books  of  the  same 
grade,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  in  a  sum  of  not  less  than  one  hundred  dollars 
nor  piiore  than  one  thousand  dollars,  and  such  fine  shall  be 
covered  into  the  school  fund  of  the  county  in  which  same  is  as- 
sessed. And  this  section  shall  apply  to  all  future  State  adop- 
tions of  text  books  in  Kentucky,  as  herein  provided  under  this 
act.  (March  29,  1918,  Sec.  15.) 

(§  4412a-16  Ky.  St.)  Commission  to  Make  Printed  Lists. 
— On  or  before  the  first  day  of  August  of  each  year  it  shall 
be  the  duty  of  the  State  Board  of  Education  to  have  printed 
a  complete  list  of  all  the  books  adopted  under  the  provisions 
of  this  act,  stating  the  net  contract  price,  the  exchange  and 
the  retail  price  of  each,  and  to  distribute  such  lists  to  the 
county  superintendent  in  such  quantity  as  they  may  request. 
It  shall  be  the  duty  of  the  county  superintendent  in  each 


STATE  TEXT  BOOK  COMMISSION  279 

county  to  furnish  such  lists  to  all  dealers  and  the  principal 
teachers  of  all  schools  in  the  county,  and  such  dealers  and 
teachers  shall  post  the  same  conspicuously  in  their  sales  rooms 
or  school  houses.  Failure  to  comply  with  the  provisions  of 
this  section  by  any  of  the  parties  herein  named  shall  be  punish- 
able by  a  fine  of  not  less  than  ten  dollars  nor  more  than  twenty 
dollars,  and  upon  conviction  said  fine  shall  be  covered  into  the 
school  fund  of  the  county  in  which  such  fine  is  assessed.  (Act 
of  March  29,  1918,  Sec.  16.) 

Section  152.  (§4421a-17  Ky.  St.)  Text  Books  Excluded 
—Supplementary  Books  May  be  Used. — The  books  adopted  by 
the  commission  as  the  uniform  system  of  text  books  for  the 
State,  shalil  be  introduced  and  used  as  text  books  to  the  ex- 
clusion of  all  others  in  all  the  common  schools  and  high  schools 
of  the  State,  except  as  herein  provided,  for  a  period  of  five 
years  from,  the  date  of  adoption,  and  it  shall  not  be  lawful  for 
any  teacher  or  other  school  officer  to  use  or  for  any  board  of 
education  to  permit  to  be  used,  any  books  upon  the  same 
branches  other  than  those  adopted  by  the  commission.  How- 
ever, nothing  herein  shall  prevent  the  use  of  supplementary 
text  books,  but  such  supplementary  books  shall  not  be  used  to 
the  exclusion  of  the  books  prescribed  under  the  provisions  of 
this  act.  Any  member  or  niembers  of  any  board  of  education, 
any  trustee  of  teacher,  violating  the  provisions  of  this  sec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction be  punished  by  a  fine  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars,  and  all  such  fines  shall  be  covered  into 
the  treasury  to  the  credit  of  the  school  fund  of  the  county  in 
which  such  fine  may  be  assessed.  (Act  of  March  29,  1918,  Sec. 
17.) 

(§  4421a-18  Ky.  St.)  Copies  of  Text  Books  to  be  Filed— 
Agreement  to  Reduce  Prices. — Before  the  publishers  of  any 
school  text  book  shall  offer  or  submit  bids  or  proposals  to  the 
State  Text  Book  Commission  for  furnishing  books  to  the  com- 
mon schools  of  the  State,  such  publisher  or  publishers  shall 
file  a  copy  of  the  text  book  in  the  office  of  the  State  Super- 
intendent of  Public  Instruction  with  a  sworn  statement  of  the 
lowest  net  price  at  which  said  book  is  sold  anywhere  in  the 
United  States.  Said  publisher  shall  file  with  the  State  Super- 


280  KENTUCKY  SCHOOL  LAWS  1922 

intendent  of  Public  Instruction,  as  chairman  of  the  State  Text 
Book  Commission,  a  written  agreement  to  furnish  said  book 
or  books  to  the  dealers  in  the  State,  as  hereinbefore  provided, 
at  the  prices  so  filed,  exclusive  of  transportation  charges.  Said 
publisher  must  further  agree  to  reduce  said  price  in  Kentucky 
if  reductions  are  made  elsewhere  in  the  United  States,  so  that 
at  no  time  may  any  book  be  sold  in  Kentucky  by  the  contrac- 
tor at  a  higher  net  price  than  is  received  for  the  same  book 
elsewhere.  Said  publisher  shall  agree  further  that  all  books 
offered  for  sale  in  Kentucky  shall  be  equal  in  quality  to  those 
deposited  in  the  office  of  the  State  Superintendent  of  Public 
Instruction,  as  regards  paper,  binding,  printing,  illustrations 
and  all  points  that  may  affect  the  value  of  said  books.  (March 
29,  1918,  Sec.  18.) 

(§  4421a-19  Ky.  St.)     Penalty  for  Sale  of  Inferior  Books. 

— If  any  publisher  shall  furnish  to  any  dealer  or  agent  in  this 
State  any  book  or  books  inferior  in  any  particular  to  the 
samples  on  file  in  the  office  of  the  State  Superintendent  of  Pub- 
lic Instruction,  or  shall  offer  them  at  higher  prices  than  those 
listed  with  the  State  Superintendent  of  Public  Instruction,  it 
shall  beconDe  the  duty  of  the  State  Board  of  Education  of  the 
State  of  Kentucky  to  authorize  the  State  Superintendent  of 
Public  Instruction  to  investigate  the  failure  of  said  publisher 
to  comply  with  the  terms  of  his  contract.  The  State  Superin- 
tendent shall  thereupon  notify  the  publisher  of  said  non-com- 
pliance with  the  terms  of  his  contract,  and  if  said  publisher 
shall  disregard  the  notification  and  fail  immediately  to  comply 
with  the  terms  of  his  contract  with  the  State  through  the  State 
Text  Book  Commission,  then  the  State  Superintendent  shall 
institute,  through  the  Attorney  General  of  the  State,  legal  pro- 
ceedings and  prosecutions  to  recover  damages  and  proper  re- 
lief on  the  bond  of  the  said  publisher.  (March  29,  1918,  Sec. 
19.) 

(§  4421a-20  Ky.  St.)  Filing  Fees  to  be  Paid  by  Publisher 
— Expenses  of  Commission  to  be  Paid  by  Superintendent  of 
Public  Instruction. — When  the  publisher  of  any  school  text 
book  or  books  shall  offer  the  sape  for  the  purpose  of  submit- 
ting bids  and  proposals  to  furnish  same  to  the  schools  of  Ken- 
tucky, as  herein  provided,  to  the  State  Text  Book  Commission* 


STATE  TEXT  BOOK  COMMISSION  281 

and  at  the  time  of  filing  such  text  book  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  said  publisher 
shall  pay  juito  the  treasury  of  the  State  of  Kentucky  a  filing  fee 
of  five  dollars  for  each  book  offered  by  said  publisher;  pro- 
vided, that  when  a  series  of  books  by  the  same  author  and  upon 
the  same  subject  is  offered  for  adoption,  the  publisher  may  file 
a  fee  of  five  dollars  for  the  first  book  and  one  dollar  for  "each 
additional  book  in  said  series,  and  when  such  series  embrace 
both  common  and  high  school  text  books,  it  shall  be  regarded 
as  two  series.  The  fees  thus  received  shall  constitute  a  fund 
out  of  which,  upon  requisition  made  by  the  State  Superin- 
tendent of  Public  Instruction,  shall  be  paid  the  expenses  of 
publishing  lists  and  other  information  for  the  use  of  the  State 
Text  Book  Commission,  clerk  hire  and  other  necessary  expen- 
ses in  connection  with  the  filing  of  all  text  books  submitted  for 
adoption  in  the  State  of  Kentucky,  and  fuurther,  for  defray- 
ing the  actual  necessary  traveling  expenses  of  those  members 
of  the  State  Text  Book  Commission  who  do  not  now  draw  salar- 
ies or  derive  other  emoluments  as  officials  of  the  State.  If  there 
should  be  any  balance  of  such  fund  remaining  upon  the  first 
day  of  January  of  the  fifth  year  following  the  completion  of 
the  adoption  of  text  books,  it  shall  be  placed  to  the  credit  of 
the  State  school  fund.  (March  29,  1918,  Sec.  20.) 

^  Section  153.  (§  4421a-21  Ky.  St.)  Oath  Not  to  Control 
Prices.— When  any  publisher  of  school  text  books  shall  file 
with  the  State  Superintendent  of  Public  Instruction  samples 
and  lists  provided  for  under  this  act,  said  publisher  at  the 
same  time  shall  be  required  to  file  a  sworn  statement  that  he 
has  no  understanding  or  agreement  of  any  kind  with  any  other 
publisher,  or  interest  in  the  business  of  any  other  publisher, 
with  the  effect,  design  or  intent  to  control  the  prices  of  such 
books,  or  to  restrict  competition  in  the  adoption  or  sale  there- 
of. (Id.,  Sec.  21.) 

(§  4421a-23  Ky.  St.)  Penalty  for  Violation  of  Oath.— If 
at  any  time  a  publisher  shall  enter  into  any  understanding, 
agreement  or  combination  to  control  the  prices,  or  to  restrict 
competition  in  the  adoption  or  sale  of  school  text  books,  or 
if  the  statement  required  of  said  publisher  in  the  preceding 
sections  shall  be  untrue  in  any  respect,  then  the  Attorney  Gen- 


282  KENTUCKY  SCHOOL  LAWS  1922 

eral  shall  institute  and  prosecute  legal  proceedings  for  the  for- 
feiture of  the  bond  of  said  .publisher,  and  for  the  revocation 
of  his  authority  to  sell  school  books  in  the  Stdte  of  Kentucky, 
and  all  contracts  made  by  said  publisher  under  this  act  shall 
thereupon  become  null  and  void,  at  the  option  of  the  State 
Board  of  Education.  (March  29,  Sec.  24.) 

(§  4421a-23  Ky.  St.)  Penalty  for  Bribery— Money  Not 
to  be  Contributed. — Any  firm  or  corporation  publishing  text 
books  and  qualified  to  sell  text  books  under  this  act  in  the 
State  of  Kentucky,  under  contract  made  with  the  State  Text 
Book  Commission,  who  shall  directly  or  indirectly  contribute 
any  money  or  thing  of  value  whatever  to  the  campaign  fund 
of  any  political  party,  or  to  the  campaign  fund  of  any  person 
who  is  a  candidate  for  office  in  this  State,  or  in  any  district, 
city  or  county  thereof,  or  to  the  campaign  fund  of  any  person 
who  is  a  candidate  for  nomination  for  office  in  this  State,  or 
in  any  district,  county  or  city  thereof,  or  shall  give  any  money 
or  valuable  property  whatsoever  to  any  member  of  the  State 
Text  Book  Commission,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  five  thousand  dollars  nor  more  than  twenty  thou- 
sand dollars,  in  the  discretion  of  the  jury,  and  such  act  on  the 
part  of  said  firm,  corporation  or  publisher,  or  any  agent  there- 
of, shall  also  be  considered  a  breach  of  the  bond  made  by  said 
firm,  corporation  or  publisher,  with  the  State,  and  the  venue 
of  the  action  shall  be  within  any  county  in  the  State  wherein 
said  act  was  committed,  or  in  the  Franklin  Circuit  Court,  and 
the  State  Board  of  Education  or  any  member  of  the  State  Text 
Book  Commission,  or  any  citizen  of  the  State  of  Kentucky  in 
any  county  where  the  offense  is  committed,  shall  have  the 
right  to  prosecute  by  legal  process  an  action  for  the  breach  of 
said  bond,  and  the  amount  so  recovered  for  such  fines  and  for 
such  breach  shall  be  turned  over  to  the  treasury  of  Kentucky 
for  the  benefit  of  the  State  school  fund.  (4421a-23  cross  refer- 
ence. See  Gregory's  Criminal  Law,  Sec.  697.) 

(§  4421a-24  Ky.  St.)  Penalty  for  Member  of  Commission 
Who  Accepts  Bribe. — Any  member  of  the  State  Text  Book 
Commission  who  shall  solicit,  accept  or  receive  any  money, 
gift  or  any  other  property  of  value,  or  favor  whatsoever,  from 


STATE  TEXT  BOOK  COMMISSION  283 

any  person,  firm,  corporation  or  publisher  qualified  to  sell  text 
books  in  Kentucky,  or  from  any  agent  thereof,  or  any  other 
person  in  any  way  interested  in  the  sale  of  text  books,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  not  exceeding -one  thousand  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  more  than  six  months, 
or  by  both  such  fine  and  imprisonment ;  and  such  fine  shall  be 
turned  over  to  the  treasury  of  the  State  of  Kentucky  for  the 
benefit  of  the  school  fund  of  the  State.  (Act  March  29  1918 
Sec.  24.) 

(§  4421a-25  Ky.  St.)  Penalty  for  Teacher  in  Bribing  Com- 
mission.— Any  teacher  or  educator  in  the  employment  of  any 
book  company,  or  publisher  of  school  books,  who  shall  either 
directly  or  indirectly  use  his  influence  or  attempt  to  influence 
the  State  Text  Book  Com'mission  or  any  member  thereof,  for 
the  adoption  of  any  book  or  books  shall  be  deemed  guilty  of  a 
misdemeanor  and,  upon  conviction,  shall  be  fined  not  less  than 
one  hundred  dollars  or  more  than  five  hundred  dollars  unless 
he  shall  have  registered  with  the  chairman  of  the  State  Text 
Book  Commission  stating  whether  or  not  he  has  been  employ- 
ed by  any  school  book  company  or  publisher  of  school  books, 
if  so  with  what  company  and  the  terms  and  conditions  of  his 
employment.  (Id.,  Sec.  25.) 

(§  4421a-26  Ky.  St.)  Commission  in  Executive  Session — 
Publishers  Excluded— Penalty.— The  State  Text  Book  Com- 
mission shall  have  authority,  after  having  examined  thorough- 
ly all  books  submitted  for  adoption,  to  go  into  executive  ses- 
sion and  exclude  all  agents  of  all  publishers,  after  a  date  set 
by  said  commission,  from  further  interviews  and  representa- 
tions, and  it  shall  be  a  misdemeanor,  after  such  date  has  been 
declared  for  the  agent  of  any  publisher,  or  for  any  person  or 
agent,  whatever,  representing  such  publisher,  to  be  present  in 
any  such  executive  session,  and  upon  being  found  guilty  such 
agent,  person  or  publisher  shall  be  punished  by  a  fine  of  not 
less  than  one  thousand  dollars  nor  more  than  ten  thousand  dol- 
lars, or  by  imprisonment  in  the  county  jail  for  not  more  than 
six  months,  or  by  both  such  fine  and  imprisonment ;  and  all 
such  fines  shall  be  covered  into  the  treasury  of  Kentucky  for 
the  benefit  of  the  State  school  fund.  After  such  date  has  been 


284  KENTUCKY  SCHOOL  LAWS  1922 

declared,  the  text  book  commission  shall  continue  in  executive 
session,  or  meet  from  time  to  time,  and  the  adoption  of  text 
books  under  this  act  shall  be  concluded  by  said  commission 
not  later  than  May  the  first,  just  preceding  the  expiration  of 
the  contract  then  in  force.  , 

(§  4421a-27  Ky.  St.)  Bond  to  be  Filed  by  Publisher.— To 
insure  compliance  with  the  aforesaid  conditions  under  which 
school  text  books  may  be  sold  in  the  State  of  Kentucky,  the 
publisher  shall  file  with  the  State  Board  of  Education  of  Ken- 
tucky a  bond  of  not  less  than  ten  thousand  dollars  nor  more 
than  fifty  thousand  dollars,  the  amount  to  be  fixed  by  the 
State  Board  of  Education  upon  compliance  with  the  provisions 
of  the  preceding  sections,  and  the  bond  to  be  approved  by  the 
said  board.  The  publisher  shall  thereupon  be  qualified  to  sell 
books  as  herein  provided  in  this  act,  in  the  State  of  Kentucky. 
(Id.,  Sec.  27.) 

(§  4421a-28  Ky.  St.)      Penalty  for  Failure  to  Qualify.— 

Any  publisher  who  shall  offer  for  adoption  to  the  State  Text 
Book  Commission  any  school  text  books  of  any  kind,  without 
first  qualifying  therefor  under  the  provisions  of  this  act,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
not  less  than  five  hundred  dollars  nor  more  than  five  thousand 
dollars,  and  such  fine  shall  be  covered  into  the  treasury  of  the 
State  of  Kentucky  for  the  benefit  of  the  State  school  fund. 
(Acts  March  29,  1918,  C.  110,  p.  453,  Sec.  28.) 

Text  Book  Commission  for  cities  of  first,  second,  third  and 
fourth  classes.* 

Section  154.  (§  4421b-l  Ky.  St.)  County  Text  Book 
Commission  Created. — There  is  hereby  created  for  each  county 
within  the  State  a  county  text  book  commission,  which  shall 
consist  of  the  county  superintendent  of  schools,  two  members 
of  the  county  board  of  examiners,  the  principal  of  a  high  school 
in  the  county,  to  be  appointed  by  the  State  Board  of  Education, 
and  one  member  of  the  county  board  of  education  elected  by 
said  county  board;  provided,  that  no  person  shall  serve  on  said 

*In  the  case  of  Bowman  v.  Hamlett.  159  Ky.  184,  the  Court  of  Appeals 
held  that  the  act  creating  the  State  Text  Book  Commission  is  constitu- 
tional and  repeals  all  of  the  act  of  1910  except  so  far  as  applies  to  cities 
of  the  first,  second,  third  and  fourth  classes.  Said  act  is  sections  4421a-7 
4421a-8  and  4421b-30. 


COUNTY  TEXT  BOOK  COMMISSION  285 

commission  who  is  the  author  of  any  text  book  published  for 
use  in  the  common  schools,  or  who  has  been  in  the  employ  as  a 
traveling  salesman,  or  otherwise,  of  any  publisher  of  school 
text  books  within  a  period  of  two  years  prior  to  the  passage 
of  this  act.*  (March  15,  1910,  C.  13,  p.  46,  Sec.  1.) 

(§  4421b-2  Ky.  St.)  Vacancies— <How  Filled.— Vacancies 
on  the  commission  resulting  from  the  disqualification  of  the 
county  superintendent,  principal  of  the  county  high  school, 
or  members  of  the  board  of  examiners,  shall  be  filled  by  the 
State  Board  of  Education.  Vacancies  resulting  from 
other  causes  shall  be  filled  as  prescribed  by  law  for  original 
members.  (Id.,  Sec.  2.) 

(§  4421b-3  Ky.  St.)  How  Members  to  Qualify.— Each 
member  of  said  commission  shall  qualify  by  taking  and  sub- 
scribing to  an  oath  faithfully  to  discharge  his  duties  as  re- 
quired by  this  law,  and  the  said  affidavit  shall  be  filed  in  the 
office  of  the  clerk  of  the  county  court  of  the  county.  (Id., 
Sec.  3.) 

(§  4421b-4  Ky.  St.)  Organization.— The  members  of  the 
county  text  book  commission,  as  thus  constituted,  shall  meet 
on  the  call  of  the  county  superintendent  in  his  office  during 
the  month  of  April  of  the  years  in  which  existing  contracts 
expire,  and  shall  organize.  The  county  superintendent  shall 
be  ex-officio  chairman  of  the  commission,  and  a  secretary  shall 
be  elected  from  the  membership.  The  chairman  shall  preside  at 
all  meetings  of  the  commission.  The  secretary  shall  keep  com- 
plete records  thereof,  and  all  such  records  and  all  contracts 
shall  be  signed  by  the  chairman  and  secretary.  (Id.,  Sec.  4.) 

(§  442 Ib -5  Ky.  St.)  Advertisements  for  Proposals  or  Bids. 
— Not  less  than  sixty  days  before  the  expiration  of  the  con- 
tracts now  in  force  for  furnishing  books  to  the  common  schools 
of  the  county,  the  county  text  book  commission  shall  advertise 
through  one  or  more  county  papers  or  by  written  notification 
to  all  qualified  publishers  as  hereinafter  provided,  that  at  a 
time  and  place  fixed  definitely  in  the  advertisement  sealed 
bids  or  proposals  will  be  received  from  the  publishers  of  school 
text  books  for  furnishing  books  to  the  common  schools  of  the 

*See  editorial   note  preceding  this  section. 


286  KENTUCKY  SCHOOL  LAWS  1922 

county,  in  accordance  with  the  provisions  of  this  law  and  such 
regulations  as  the  commission  shall  prescribe.  Such  advertise- 
^ment  shall  reserve  to  the  commission  the  right  to  reject  any 
and  all  bids.  (Id.,  Sec.  5.) 

(§  4421b-6  Ky.  St.)  Bids— What  to  Specify.— -Such  bids 
and  proposals  shall  be  for  furnishing  books  during  a  period 
of  five  years  and  no  longer.  The  bids  shall  state  specifically 
the  net  contract  prices  at  which  books  are  to  be  furnished  to 
agents  within  the  county,  and  the  exchange  price  to  pupils, 
and  shall  be  accompanied  by  a  specimen  copy  of  every  book 
proposed  to  be  furnished.  All  bids  shall  be  sealed  and  deposit- 
ed with  the  chairman  of  the  commission,  to  be  by  him  de- 
livered to  the  commission  in  executive  session,  when  they  shall 
be  opened  in  the  presence  of  the  commission.  It  shall  be  the 
duty  of  the  chairman  of  the  commission  to  carefully  preserve 
in  his  office  for  compensation  the  specimen  copy  of  each  of  the 
books  adopted,  together  with  the  original  bid  or  proposal,  and, 
when  requested,  to  return  to  the  publishers  the  specimen 

copies  of  other  books  sumbitted  at  their  expense.  (Id.,  Sec. 
) 

(§  4421b-7  Ky.  St.)  Bids  May  be  Rejected.— The  commis- 
sion shall  have  and  reserve  the  right  to  reject  any  and  all  bids 
for  reasons  satisfactory  to  a  majority  of  the  commission.  In 
case  of  a  failure  to  select  from  the  bids  submitted  a  satisfac- 
tory text  book  upon  any  of  the  branches  prescribed  by  law, 
the  commission  shall  re-advertise  for  sealed  bids  under  the 
same  terms  as  in  the  first  instance.  (Id.,  Sec.  7.) 

(§  4421b-8  Ky.  St.)  Uniform  Series  of  Text  Books  to  be 
Adopted. — It  shall  be  the  duty  of  the  said  commission  in  each 
county,  during  the  months  of  June  and  July  of  the  years  in 
which  existing  contracts  expire,  by  a  majority  vote,  of  the  en- 
tire commission,  to  adopt  from  the  authorized  State  list,  as 
hereinafter  provided,  a  uniform  series  or  system  of  text  books 
for  use  in  the  common  schools  of  the  county,  except  in  cities 
of  the  first,  second,  third,  fourth,  fifth  and  sixth  classes,  and  to 
arrange  for  the  distribution  of  such  books  to  agents  at  the  net 
contract  price.  The  commission  may,  from  time  to  time,  make 
any  regulations  not  contrary  to  the  provisions  of  this  act  to 
secure  the  prompt  and  faithful  performance  of  all  contracts, 


COUNTY  TEXT  BOOK  COMMISSION  287 

and  the  prompt  distribution  of  the  books  herein  provided  for. 
(Id.,  Sec.  8.) 

(§  4421b-9  Ky.  St.)  Commission,  How  Guided  in  Selection 
of  Books, — The  commission,  in  the  selection  and  adoption  of 
a  uniform  series  of  text  books,  shall  consider  the  merits  of  the 
books,  taking  into  consideration  their  subject  matter,  the 
printing,  binding,  material  and  mechanical  qualities,  their 
general  suitability  and  desirability  for  the  purposes  intended, 
and  the  price.  The  commission  shall  select  and  adopt  such 
books  as  will,  in  its  judgment,  accom'plish  the  ends  desired. 
(Id.,  Sec.  9.) 

(<§>  4421b-10  Ky.  St.)  Series— What  Books  to  be  Included. 
—The  uniform  series  of  text  books  to  be  selected  by  the  com- 
mission shall  include  all  the  branches  required  by  law  to  be 
taught  in  the  commion  elementary  schools  of  the  county,  ex- 
cept as  herein  provided,  but  no  text  book  shall  contain  any- 
thing of  a  partisan  or  sectarian  character.  (Id.,  Sec.  10.) 

(§  4421b-ll  Ky.  St.)  Term  of  Adoption.— County  high 
schools  having  been  established  since  the  last  adoption  of  text 
books,  it  shall  be  the  duty  of  each  .county  text  book  commis- 
sion, as  herein  constituted,  by  or  before  the  1st  of  July,  1910, 
to  adopt  a  uniform  series  of  text  books  for  use  in  such  county 
high  schools  and  such  other  high  schools  as  may  not  be  exempt 
by  law  from  the  provisions  of  this  act.  Such  adoption  shall 
be  made  in  accordance  with  the  provisions  of  this  act,  and 
shall  be  for  a  term  of  five  years.  (Id.,  Sec.  11.) 

Section  155.  (§  4421b-12  Ky.  St.)  Contracts— How 
Awarded. — After  the  adoption  shall  have  been  made,  the  com- 
mission shall  award  the  contracts  and  shall,  by  registered  let- 
ter, notify  the  bidders  to  whom  contracts  have  been  awarded, 
and  shall  at  the  same  time  notify  the  State  Superintendent  of 
the  awards  made.  It  shall  be  stipulated  in  all  contracts  that 
the  net  contract  prices  at  which  such  book  or  books  shall  be 
sold  to  the  commission,  or  the  designated  agents  of  the  com- 
mission in  the  county,  and  the  exchange  price  to  pupils  shall 
not  exceed  the  lowest  net  contract  and  exchange  prices  at 
which  the  same  book  or  books  are  sold  under  contract  with 
any  other  state,  county,  township  or  school  district  in  the 


288  KENTUCKY  SCHOOL  LAWS  1922 

United  States  under  like  conditions  of  sale  and  distribution. 
(Id.,  See.  12.) 

(§  4421b-13  Ky.  St.)  Form  of  Contract  to  be  Prepared  by 
State  Superintendent.— It  shall  be  the  duty  of  the  State  Super- 
intendent of  Public  Instruction  to  prepare  and  have  printed  a 
form  of  contract  between  county  text  book  commissioners  and 
publishers  of  school  books,  said  form  to  be  approved  by  the 
Attorney  General,  and  to  furnish  the  same,  through  the  county 
superintendent,  to  the  several  county  commissioners  of  the 
State ;  and  no  other  form  of  contract  shall  be  used  by  such 
county  commissions  and  publishers  in  carrying  out  the  provis- 
ions of  this  act.  (Id.,  Sec.  13.) 

(§  4421b-14  Ky.  St.)  State  Not  Liable  on  Contract.— It 
shall  always  be  a  part  of  the  terms  and  conditions  of  every 
contract  piade  in  pursuance  of  this  act  that  the  State  of  Ken- 
tucky shall  not  be  liable  to  any  contractor  in  any  mariner  for 
any  sum  whatever,  but  all  such  contractors  shall  receive  their 
pay  and  .compensation  solely  and  exclusively  from  the  pro- 
ceeds of  this  sale  of  books,  "as  provided  for  in  this  act.  (Id., 
Sec.  14.) 

(§  4421b-15  Ky.  St.)  Agents  to  be  Selected  to  Sell  Books 
— (Selection  of — Books  May  be  Exchanged. — For  the  distribu- 
tion and  sale  of  adopted  books  to  patrons,  the  county  com;mis- 
sion  shall  arrange  with  at  least  two  responsible  merchants  or 
other  agents  in  the  county  of  good  financial  rating,  in  locations 
selected  with  reference  to  the  convenience  of  said  patrons, 
and  shall  appoint  the  same  as  agents,  and  such  agents  shall 
sell  the  books  adopted  to  the  patrons  and  pujtils  of  the  com- 
mon schools  at  a  price  not  exceeding  fifteen  per  cent  (15%) 
advance  on  the  net  contract  price  of  said  books,  and  out  of 
said  excess  over  the  net  contract  price  so  charged  by  such 
agent,  he  shall  pay  the  transportation  charges  on  said  books. 
Said  agent  shall  exchange  new  books  for  old  ones  displaced  by 
said  adoption  at  the  exchange  price  herein  provided  for  dur- 
ing the  first  year  of  each  and  every  contract  made  under  the 
provisions  of  this  act.  (Id.,  Sec.  15.) 

(§  4421b-16  Ky.  St.)  Patrons  May  Sell  Old  Books.— 
When  any  patron  or  pupil  of  the  common  schools  owning  text 
books  adopted  for  use  in  said  schools  in  the  county  of  his  resi- 


COUNTY  TEXT  BOOK  COMMISSION  289 

dence  shall  remove  to  another  county,  he  may  deliver  such 
books  to  any  agent  or  dealer  in  the  county  from  which  he  has 
removed,  and  the  agent  or  dealers  to  whom  same  shall  be  de- 
livered shall  receive  and  pay  him  in  money  the  exchange  value 
of  such  books ;  provided  that  only  such  old  books  as  are  whole 
and  in  good  serviceable  condition  shall  be  so  purchased  by  said 
dealer.  (Id.,  Sec.  16.) 

(§  4421b-17  Ky.  St.)  Books  for  Indigent  Children,— The 
county  judge  in  purchasing  books  for  indigent  pupils,  as  re- 
quired by  law,  shall  purchase  books  from  said  dealers  said 
second  hand  books,  sa  far  as  same  may  be  suitable  for  such 
purpose  and  furnish  same  to  the  county  superintendent  for  the 
use  of  said  indigent  pupils;  provided  that  no  agent  or  dealer 
of  any  county  commission  shall  sell  any  second  hand  books  so 
purchased  or  any  second  hand  book  to  any  pupil  or  patron  or 
to  the  county  judge  as  herein  provided  at  a  price  higher  than 
ten  per  cent  (10%)  above  the  cost  of  such  second  hand  book. 
(Id., 'Sec.  17.) 

(§  4421b-18  Ky.  St.)  Penalty  for  Selling  or  Exchanging 
Books  at  Greater  Price  Than  Provided  for. — Any  agent  or 
dealer,  clerk  or  other  person  having  or  selling  books  adopted 
under  this  act,  who  shall  ask  or  receive  for  any  such  book 
more  than  the  lawful  price  therefor,  as  herein  defined,  or  who 
shall  refuse  to  receive  from  patrons  or  pupils  removed  to  other 
counties  books  owned  by  them  and  adopted  for  use-  in  the 
common  schools  of  the  county  of  such  agent  or  dealer  and  to 
pay  to  them  the  exchange  value  for  such  old  books,  shall  be 
guilty  of  a  misdemeanor  and  on  conviction  shall  be  fined  in  a 
sum  not  less  than  fifty  dollars  ($50.00)  nor  more  than  one  hun- 
dred dollars  ($100.00)  (Id.,  Sec.  18.) 

(§  4421b-19  Ky.  St.)  List  of  Books— State  Board  to  Print 
— Dealers  and  Teachers  to  Post — Penalty. — It  shall  be  the 
duty  of  the  State  Board  of  Education  by  the  first  of  Septem- 
ber of  each  year  to  have  printed  a  complete  list  of  all  the  books 
adopted  under  the  provisions  of  this  act,  stating  the  highest 
lawful  retail  and  exchange  price  of  each,  and  to  distribute 
such  lists  to  county  superintendents  in  such  quality  as  they 
may  request.  It  shall  be  the  duty  of  the  county  superintend- 
ent to  furnish  such  lists,  attested  by  his  signature,  to  all  deal- 

S.  L  — 10 


290  KENTUCKY  SCHOOL  LAWS  1922 

^ 

ers  and  to  the  principal  teachers  of  all  schools  in  the  county, 
and  such  dealers  and  teachers  shall  post  the  same  conspicu- 
ously in  their  sales  rooms  or  school  houses.  Failure  to  comply 
with  the  provisions  of  this  section  by  any  of  the  parties  herein 
named  shall  be  punishable  by  a  fine  of  not  less  than  ten 
($10.00)  nor  more  than  twenty  dollars  ($20.00).  (Id.,  Sec.  19.) 

Section  156.  (§  4421b-20  Ky.  St.)  Adopted  Books  Must  be 
Used— ^Exceptions — Penalty  for  Violations. — The  books  adopt- 
ed by  the  commission  as  the  uniform  system  of  text  books  shall 
be  introduced  and  used  as  text  books  to  the  exclusion  of  all 
others  in  aul  the  common  schools  of  the  county,  except  as  herein 
provided,  for  a  period  of  five  years  from  the  date  of  adoption, 
and  it  shall  not  be  lawful  for  any  teacher  or  other  school  of- 
ficer to  use,  or  any  board  of  education  to  permit  to  be  used, 
any  books  upon  the  same  br'anches  other  than  those  adopted 
by  the  commission.  However,  nothing  herein  shall  prevent  the 
use  of  supplementary  books,  but  such  supplementary  books 
shall  not  be  used  to  the  exclusion  of  the  books  prescribed*  un- 
der the  provisions  of  this  act.  Any  board  of  education,  trus- 
tee or  teacher  violating  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  be  punished  by 
a  fine  of  not  less  than  ten  dollars  ($10.00)  nor  more  than  fifty 
dollars  ($50.00)  for  each  offense.  (Id.,  Sec.  20.) 

(<§  4421b-21  Ky.  St.)  Oath  of  Publisher— Agreement  of 
Publisher. — Before  the  publisher  of  any  school  text  book  shall 
offer  the  same  for  sale  to  any  county  text  book  commission  in 
Kentucky,  said  publisher  shall  file  a  copy  of  the  text  book  in 
the  office  of  the  State  Superintendent  of  Public  Instruction 
with  .a  sworn  statement  of  the  lowest  net  price  at  which  said 
book  is  sold  anywhere  in  the  United  States,  under  State, 
county,  township,  district  or  city  contract.  Said  publisher 
shall  file  with  the  State  Board  of  Education  a  written  agree- 
ment to  furnish  said  book  or  books  to  the  designated  agents, 
as  hereinbefore  provided,  or  to  any  county  text  book  commis: 
sion  in  Kentucky  at  the  prices  so  filed,  exclusive  of  transporta-. 
tion  charges.  Said  publisher  must  further  agree  to  reduce 
said  prices  in.  Kentucky  if  reductions  are  made  elsewhere  in 
the  county,  so  that  at  no  time  niay  any  book  be  sold  in  Ken- 
tucky by  the  contractor  at  a  higher  price  than  is  received  for 


COUNTY  TEXT  BOOK  COMMISSION  291 

the  same  book  elsewhere  under  state  or  county  contract.  Said 
publisher  shall  further  agree  that  all  books  offered  for  sale  in 
Kentucky  shall  be  equal  in  quality  to  those  deposited  in  the 
office  of  the  State  Superintendent  as  regards  paper,  binding, 
printing,  illustrations  and  all  points  that  may  affect  the  value 
of  said  books.  (Id.,  Sec.  21.) 

(§  4421b-22  Ky.  Sfc)  Violation  of  Agreement  by  Pub- 
lisher.—If  any  publisher  shall  furnish  to  any  county  books  in- 
ferior in  any  particular  to  the  samples  on  file  in  the  office  of 
the  State  Superintendent,  or  shall  offer  them  at  higher  prices 
than  those  listed  with  the  State  Superintendent,  it  shall  be- 
come the  duty  of  the  county  text  book  commission  of  said 
county  to  inform  the  State  Superintendent  of  the  failure  of 
said  publisher  to  comply  with  the  terms  of  his  contract.  The 
State  Superintendent  shall  thereupon  notify  the  publisher  of 
said  complaint,  and  if  said  publisher  shall  disregard  the  noti- 
fication and  fail  immediately  to  comply  with  the  terms  of  his 
contract,  then  the  State  Superintendent  shall  institute  legal 
proceedings  to  recover  damages  on  the  bond  of  said  publisher. 
(Id.,  Sec.  22.) 

(§  4421b-23  Ky.  St.)  Filing  Fees  to  be  Paid  by  the  Pub- 
lisher.— Bebore  the  publisher  of  any  school  text  book  shall  of- 
fer the  same  for  sale  to  any  county  text  book  commission  in 
the  State  of  Kentucky,  and  at  the  titme  of  filing  such  text-book 
in  the  office  of  the  State  Superintendent  of  Public  Instruction, 
said  publisher  shall  pay  into  the  treasury  of  the  State  of  Ken- 
tucky a  filing  fee  of  five  dollars  ($5.00)  for  each  book  offered 
by  said  publisher.  A  series  of  books  by  the  same  author  and 
upon  the  same  subject  shall  constitute  a  fund  out  of  which, 
upon  requisition  made  out  by  the  State  Superintendent,  shall 
be  paid  the  expenses  of  publishing  lists  and  other  informa- 
tion for  the  use  of  the  county  text  book  commission,  clerk  hire 
and  other  necessary  expenses  in  connection  with  the  filing  of 
all  text  books  submitted  for  adoption  in  the  State  of  Ken- 
tucky. Any  balance  of  such  fund  remaining  upon  the  first  of 
January  of  the  fifth  year  following  the  completion  of  adop- 
tions shall  be  placed  to  the  credit  of  the  school  fund.  (Id., 
Sec.  23.) 


292  KENTUCKY  SCHOOL  LAWS  1922 

(§  4421b-24  Ky.  St.)  Oath  Not  to  Control  Prices,— When 
any  publisher  of  school  text  books  shall  file  with  the  State 
Superintendent  the  samples  and  lists  provided  for  under  this 
act,  said  publisher  at  the  same  time  shall  be  required  to  file  a 
sworn  statement  that  he  has  no  understanding  or  agreement 
of  any  kind  with  any  other  publisher,  or  any  interest  in  the 
business  of  any  other  publisher,  with  the  effect,  design  or  in- 
tent to  control  the  prices  of  such  books,  or  to  restrict  competi- 
tion in  the  adoption  or  sale  thereof.  (Id.,  Sec.  24.) 

(<§  4421b-25  Ky.  St.)  Contracts  May  Become  Void- 
Penalty  For  Violation  of  Oath. — If,  at  any  time,  publisher 
shall  enter  into  any  understanding,  agreement  or  combination 
to  control  the  prices  or  to  restrict  comjpetition  in  the  adoption 
or  sale  of  school  books,  or  if  the  statements  required  of  said 
publisher  in  the  preceding  sections  shall  be  untrue  in  any  re- 
spect, then  the  Attorney  General  shall  institute  a^d  prosecute 
legal  proceedings  for  the'  forfeiture  of  the  bond  of  said  pub- 
lisher and  for  the  revocation  of  his  authority  to  sell  school 
books  in  this  state,  and  all  contracts  made  by  said  publisher 
under  this  act  shall  thereupon  become  null  and  void  at  the 
option  of  the  other  parties  thereto.  (Id.,  Sec.  25.) 

(§  4421b-26  Ky.  St)  Penalty  for  Bribery— Money  Not 
to  be  Contributed. — Any  person,  firm  or  corporation  qualified 
to  sell  school  books  in  Kentucky  under  the  provisions  of  this 
act,  or  any  agent  thereof  who  shall,  directly  or  indirectly,  con- 
tribute any  money  or  thing  of  value  to  the  campaign  fund  of 
any  political  party,  or  to  the  campaign  fund  of  any  person 
who  is  a  candidate  for  office  in  this  State,  or  in  any  district 
or  county  thereof,  or  to  the  campaign  fund  of  any  person  who 
is  a  candidate  for  nomination  for  an  office,  or  who  shall  give 
any  money  or  other  valuable  property  whatsoever  to  any  mem- 
ber of  any  county  text  book  commission,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  less  than  one  thousand  dollars  ($1,000.00),  nor  more  than 
five  thousand  dollars  ($5,000.00)  in  the  discretion  of  the  jury, 
and  such  act  on  the  part  of  said  person,  firm  or  corporation, 
or  the  agent  thereof,  shall  also  be  considered  a  breach  of  the 
bond  made  by  said  person,  firm  or  corporation  with  the  State, 
and  the  venue  of  the  action  shall  be  within  any  county  in  the 


COUNTY  TEXT  BOOK  COMMISSION  293 

State  where  said  act  is  committed  or  in  the  Franklin  Circuit 
Court;  and  the  State  Board  of  Education,  or  any  one  of  the 
county  text  book  commissions,  or  any  member  thereof  in  the 
county  where  the  offense  is  committed,  shall  have  the  right  to 
prosecute  an  action  for  the  breach  of  said  bond,  and  the  amount 
recovered  for  said  breach  shall  be  turned  over  to  the  treasury 
of  Kentucky  for  the  benefit  of  the  State  school  fund.  (Id., 
Sec.  26.) 

(§  4421b-27  Ky.  St.)  Penalty  for  Member  of  Commission 
Accepting  Bribe. — Any  member  of  any  county  text  book  com- 
mission who  shall  solicit,  accept  or  receive  any  money,  gift, 
or  any  property  or  favor  whatsoever  from  any  person  quali- 
fied to  sell  text  books  in  Kentucky,  or  any  agent  thereof,  or 
other  person  in  any  way  interested  in  the  sale  of  such  text 
books,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  fine  not  exceeding  one  thou- 
sand dollars  ($1,000.00),  or  by  imprisonment  in  the  county 
jail  for  not  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonrti.ent.  (Id.,  Sec.  27.) 

(§  4421b-28  Ky.  St.)  Bond  to  be  Filed  by  Publisher.— To 
insure  compliance  with  the  aforesaid  conditions  under  which 
school  text  books  may  be  sold  in  the  State  of  Kentucky,  the 
publisher  shall  file  with  the  State  Board  of  Education  a  bond 
of  not  less  than  two  thousand  dollars  .( $2,000.00)  nor  more 
than  ten  thousand  dollars  ($10,000.00),  the  amount  .to  be  filed 
by  the  State  Board  of  Education  upon  compliance  with  the 
provisions  of  the  preceding  sections,  and  the  bond  to  be  ap- 
proved by  said  board.  The  publisher  shall  thereupon  be  quali- 
fied to  sell  school  books  in  this  state.  (Id.,  Sec.  28.) 

(§  4421b-29  Ky.  St.)  Penalty  for  Failure  to  Qualify.— 
Any  publisher  who  shall  offer  for  adoption  to  any  text  book 
commission  school  text  book  of  any  kind  without  first  quali- 
fying therefor  under  this  act  shall  be  guilty  of  a  misdemeanor, 
id  upon  conviction  shall  be  fined  not  less  than  five  hundred 
dollars  ($500.00)  nor  more  than  five  thousand  dollars  ($5,- 
000.00).  (Id.,  Sec.  29.) 

(§  4421b-30  Ky.  St.)  Text  Book  Commission  for  Cities- 
Powers— Duties— Penalties.— The  board  of  education  in  a  city 
of  the  first,  second,  third,  fourth,  fifth  and  sixth  class  shall 


294  KENTUCKY  SCHOOL  LAWS  1922 

constitute  the  text  book  commission  for  such  city,  and  as  such 
its  powers,  duties,  restrictions  and  penalties  shall  be  identical 
with  those  provided  by  law  for  county  text  book  commissions ; 
provided,  that  the  members  of  such  board  acting  as  a  text 
book  commission  shall  receive  no  compensation  for  their  serv- 
ices, and  provided  further,  that  if  any  member  of  said  board 
shall  be  or  become  ineligible  to  serve  as  a  member  of  the  text 
book  commission,  then  the  other  members  of  the  board  are 
hereby  empowered  to  fill  the  vacancy  on  the  text-book  com- 
mission to  be  created.  (Id.,  Sec.  30.) 


Chapter  XVI. 

COLORED  SCHOOLS 

Sec.  157.    Donations  and  gifts  may  Sec.  159.     Summer  training  schools 

be   made    to— funds    shall  substituted     for     county 

be   used   for   the  purpose  teachers'   institute, 

requested.  Sec.  160.    Penalties    for   failure   of 

Sec.  158.    Census   of  children,    how  trustees— teachers  to  per- 

made  and  reported.  lorm    duty. 

Sec.  161.  White  and  colored 
schools  not  to  be  taught 
in  same  college. 

Section  157.  (§  4522  Ky.  St.)  "Donation  or  Devise  to— 
By  Whom  Held. — All  sums  arising  from  any  donation,  gift, 
grant  or  devise  by  any  person  whatsoever,  wherein  the  intent 
is  expressed  that  the  same  is  designed  to  aid  in  the  education 
of  the  colored  children  in  this  Commonwealth,  or  any  county 
or  school  district  therein,  shall  be  held  and  used  for  the  pur- 
poses specified  in  such  donation,  gift,  grant  or  devise ;  and  the 
Superintendent  of  Public  Instruction,  County  Superintendent 
of  Common  Schools  of  the  county,  and  County  Board  of  Edu- 
cation shall  receive  such  donation,  gift,  grant  or  devise  for 
the  benefit  of  the  colored  schools  of  the  State  or  particular 
county  or  sub-district,  respectively,  and  shall  hold  and  use  the 
same  as  requested  by  the  donor  or  devisor. 

Section  158.  (Acts  1918.)  Census  of  Pupils— How  and 
When  Taken — Designation  of  Districts. — The  number  of 
colored  children  in  each  district,  between  the  ages  of  six  and 
eighteen  years,  shall  be  taken  and  reported  at  the  same  time 
and  in  the  same  manner  as  required  by  law  for  taking  the 
census  of  white  children.  All  colored  districts  shall  be  de- 
signated by  letters  in  alphabetical  order  for  each  county,  as 
District  A,  District  B  and  so  on. 

Section  159.  (§  4525  Ky.  St.)  Teachers'  Institute— Or- 
ganization of. — The  colored  school  officials  and  teachers  shall 
be  organized  into  teachers'  institutes  for  themselves,  in  the 
same  manner  and  to  the  same  extent  as  provided  for  in  sec- 
tions 191  to  201,  inclusive,  of  this  act.  (Institute  succeeded  by 
Summer  Normal  Training  Schools,  Sec.  34b.) 

Section  160.  (§  4526  Ky.  St.)  Penalties  Prescribed— En- 
rcement  of. — All  duties  which  are  required  of  any  officer 
ider  this  chapter  shall  be  performed  by  them  under  penalties 


296  KENTUCKY  SCHOOL  LAWS  1922 

herein  prescribed;  and  when  no  penalties  are  prescribed,  then 
the  officer  failing  to  perform  the  duties  imposed  shall  be  guilty 
of  a  misdemeanor,  and,  upon  indictment  in  the  circuit  court 
of  the  county  in  which  said  misdemeanor  may  occur,  shall  be 
subject  to  a  fine  in  any  amount,  in  the  discretion  of  a  jury, 
and  the  Superintendent  of  Public  Instruction  shall  give  in- 
formation of  all  failures  or  neglect  of  duty  which  come  to  his 
knowledge  to  the  attorney  for  the  Commonwealth  in  the 
county  in  which  the  failure  to  perform  or  neglect  of  duty  shall 
occur.  The  Superintendent  of  Public  Instruction  shall  issue, 
as  occasion  demands,  a  circular  letter  to  the  circuit  judges  of 
the  State,  setting  out  the  methods  by  which  frauds  have  been 
committed  against  the  State  school  funds,  and  other  violations 
of  the  school  <"Jaw  perpetrated,  and  request  that  they  call  the 
attention  of  the  grand  juries  to  the  same. 

Section  161.  (§  4526a  Ky.  St.)  White  and  Colored  Not 
to  be  Taught  in  Same  College— Penalty. — (1)  That  it  shall  be 
unlawful  for  any  person,  corporation  or  association  of  persons 
to  maintain  or  operate  any  college,  school  or  institution  where 
persons  of  the  white  and  negro  races  are  both  received  as 
pupils  for  instruction;  and  any  person  or  corporation  who 
shall  operate  or  maintain  any  such  college,  school  or  institu- 
tion shall  be  fined  $1,000.00,  and  any  person  or  corporation 
who  may  be  convicted  of  violating  the  provisions  of  this  act 
shall  be  fined  one  hundred  dollars  for  each  day  they  may  oper- 
ate said  school,  college  or  institution,  after  such  conviction". 

(2)  That  any  instructor  who  shall  teach  in  any  school, 
college  or  institution  where  members  of  said  two  races  are  re- 
ceived as  pupils  for  instruction  shall  be  guilty  of  operating 
and  maintaining  same  and  fined  as  provided  in  the  first  sec- 
tion hereof. 

(3)  It  shall  be  unlawful  for  any  white  person  to  attend 
any  school  or  institution  where  negroes  are  received  as  pupils 
or  receive  instruction,  and  it  shall  be  unlawful  for  any  negro 
or  colored  person  to  attend  any  school ,  or  institution  where 
white  persons  are  received  as  pupils  or  receive  instruction. 
Any  person  so  offending  shall  be  fined  fifty  dollars  for  each 
day  he  attends  such  institution  or  school:  Provided,  that  the 


COLORED  SCHOOLS  297 

provision  of  this  law  shall  not  apply  to  any  penal  institution 
or  house  of  reform. 

(4)  Nothing  in  this  shall  be  construed  to  prevent  any 
private  school,  college  or  institution  of  learning  from  main- 
taining a  separate  and  distinct  branch  thereof,  in  a  different 
locality,  not  less  than  twenty-five  miles  distant,  for  the  educa- 
tion exclusively  of  one  race  or  color. 

Section  161a.  (§  4434a-16  Ky.  St.)  Colored  Visitors- 
Election. — lAt  the  same  time  and  place  and  by  the  election  offi- 
cers who  conduct  the  election  for  subdistrict  trustees,  an 
election  shall  be  held  for  the  purpose  of  electing  a  visitor  for 
the  colored  school  or  schools  of  the  subdistrict.  Such  a  visitor 
shall  be  nominated  and  elected  in  the  same  manner  as  the  sub- 
district  trustee,  save  that  the.  nominating  petition  shall  be 
signed  by  colored  voters,  and  that  colored  voters  alone  shall  be 
eligible  to  vote  for  such  visitor.  So  far  as  the  colored  school 
or  schools  of  the  subdistrict  are  concerned,  the  duties  of  the 
visitor  shall  be  identical  with  those  of  the  subdistrict  trustees, 
save  that  such  visitor  shall  not  be  a  member  of  the  division 
board.  (March  18,  1916,  C.  24,  p.  162.) 


Note.— So  much  of  this  statute  as  imposes  punishment  for  operating 
an  institution  of  learning-  in -which  white  and  colored  persons  may  be 
taught  at  the  same  time  and  in  the  same  place  is  valid;  so  much  as  pro- 
hibits the  operation  of  any  institution  of  learning-  of  separate  branches  for 
white  and  colored  persons  less  than  twenty-five  miles  distant  frorn  each 
other  is  void.  Berea  College  V,  Com.,  123  Ky.  209. 


Chapter  XVII. 

VOCATIONAL     EDUCATION. 

Sec.  162.    Board    first    created— ap-  Sec.  165.     Board  to  formulate  plan 
propriation  —  standards—  of  co-operation, 

inspection.  Sec.  166.    Appropriations — how  pro- 
Sec.  163.    Acceptance     of      Federal  vided— purposes    of    use. 

act— definition  of  persons  Sec.  167.     State  Treasurer  appoint- 
disabled  ed  custodian  of  moneys. 

Sec.  164.     State  Board  designated—  Sec.  168.     Gifts  and   devises, 
power   to    provide    facili- 
ties—who   eligible. 

Section  162.  (§  4535k-l  Ky.  St.)  Vocational  Education. 
• — The  Commonwealth  of  Kentucky  hereby  accepts  all  the  pro- 
visions of  an  Act  of  Congress  of  United  States  entitled  "An 
Act  to  Provide  for  the  Promotion  of  Vocational  Education; 
to  Provide  for  Co-operation  with  the  States  for  the  promotion 
of  such  Education  in  Agriculture  and  the  Trades  and  Indus- 
tries; to  Provide  for  the  Co-operation  with  the  States  in  the 
Preparing  of  Teachers  of  Vocational  Subjects ;  and  to  Appro- 
priate Money  and  Regulate  its  Expenditures,"  approved  Feb- 
ruary 23,  1917,  and  designates  a' Board  to  be  known  as  the 
Vocational  Education  Board,  consisting  of  the  Superintendent 
of  Public  Instruction,  the  President  of  the  University  of  Ken- 
tucky, the  Attorney  General,  the  Secretary  of  State,  and  two 
other  men,  who  shall  be  appointed  for  terms  of  two  (2)  years 
by  the  Governor,  one  of  whom  is  to  be  a  superintendent  of 
schools,  and  the  other  engaged  in  farming  or  other  business,  to 
administer  the  provisions  of  said  Act  in  accordance  with  the 
provisions  thereof,  and  they  shall  receive  their  necessary 
traveling  expenses  in  attendance  upon  meetings.  (March  6, 
1918,  C.  7,  p.  19.) 

(§  4535k-2  Ky.  St.)  Appropriations.— There  is  hereby  ap- 
propriated out  of  any  fund  in  the  State  Treasury  not  other- 
wise appropriated,  the  sum  of  $12,493.00  for  the  year  ending 
June  30,  1918,  $17,491.00  for  the  year  1919,  $22,988.00  for  the 
year  1920,  $24,987.00  for  the  year  .1921,  $24,987.00  annually 
thereafter  for  each  year  ending  June  30th.  The  money  so  ap- 
propriated shall  be  payable  to  such  institutions  and  in  such 
amounts  as  may  be  designated  by  the  Vocational  Education 
Board  to  carry  on  teacher  training  instruction  in  the  State  of 
Kentucky  in  accordance  with  the  Federal  Act.  (Id.,  Sec.  2.) 


VOCATIONAL  EDUCATION  299 

(§  4535k-3  Ky.  St.)  Inspection  af  Schools,  by  Whom — 
Duty — Assistance. — The  inspection  of  schools  receiving  the 
benefits  of  the  Act  of  Congress  aforesaid  and  which  have  es- 
tablished courses  of  vocational  education  in  Agriculture,  Home 
Economics  and  Trade  and  Industrial  Education  as  provided 
in  said  Act,  shall  be  made  by  and  under  the  direction  of  the 
Professor  of  Secondary  Education  of  the  University  of  Ken- 
tucky, and  while  acting  in  such  capacity,  he  shall  be  under  the 
direction  anci  control  and  responsible  to  the  Vocational  Edu- 
cation Board.  It  shall  be  his  duty  to  report  to  the  Superin- 
tendent of  Public  Instruction  and  the  Vocational  Education 
Board  the  results  of  his  inspection.  The  said  Professor  of 
Secondary  Education  miay  appoint  such  assistants  as  may  be 
necessary,  subject  to  the  approval  of  the  Vocational  Education 
Board.  (Id.,  Sec.  3  as  amended  March  23,  1922,  C.  78,  p.  357.) 

(§  4535k-4  Ky.  St.)  Appropriation  for  Expenses  of  In- 
spection and  Supervision. — There  is  hereby  appropriated  the 
sum  of  $2,500.00  for  the  current  fiscal  year,  and  each  year 
thereafter,  for  the  purpose  of  paying  for  the  inspection  and 
supervision  of  courses  in  such  schools,  as  provided  in  Section 
4535k-3  of  this  Act.  (Id.,  Sec.  5.) 

(§  4535k-5  Ky.  St.)  Standards—Who  Establish.— /The 
State  Vocational  Education  Board  shall  have  the  authority 
and  power  to  establish  standards  for  the  qualification  and  cer- 
tification of  teachers  employed  in  the  teaching  of  courses  main- 
tained in  the  schools  receiving  aid  from  Federal  Funds.  (Id., 
Sec.  5.) 

Section  163.  (4535k-6  Ky.  St.)"  The  State  of  Kentucky 
does  hereby,  through  its  General  Assembly,  accept  the  provis- 
ions and  benefits  of  the  act  of  Congress,  entitled  "An  Act  to 
provide  for  the  promotion  of  vocational  rehabilitation  of  per- 
sons disabled  in  industry  or  otherwise  and  their  return  to  civil 
employment,"  approved  June  2,  1920,  and  will  observe  and 
comply  with  all  requirements  of  said  act.1  (Act  of  March  18, 
1922.) 

(§  4535k-7  Ky.  St.)  Definition  of  "Persons  Disabled."— 
For  the  purpose  of  this  act  the  term  "persons  disabled"  shall 
be  construed  to  mean  any  person  whom  by  reason  of  a  physi- 
cal defect  or  infirmity,  whether  acquired  by  accident,  injury, 


300  KENTUCKY  SCHOOL  LAWS  1922 

or  disease,  is,  or  may  be  expected  to  be,  totally  or  partially  in- 
capacitated for  remunerative  occupation;  the  term  "rehabili- 
tation" shall  be  construed  to  mean  the  rendering  of  a  disabled 
person  fit  to  engage  in  a  remunerative  occupation. 

Section  164.  (§  4535k-8  Ky.  St.)  State  Board  Designat- 
ed—^Power  to  Provide  Facilities— Who  is  Eligible.— That  the 
board  designated  or  created  as  the  State  Board  for  Vocational 
Education  to  cooperate  with  the  Federal  Board  of  Vocational 
Education  in  the  administration  of  the  provisions  'o¥  the  Voca- 
tional Education  Act,  approved  February  23,  1917,  is  hereby 
designated  as  the  State  Board  to  cooperate  with  the  said  Fed- 
eral Board  in  carrying  out  the  provisions  and  the  purposes  of 
said  Federal  Act  providing  for  the  vocational  rehabilitation  of 
persons  disabled  in  industry  or  otherwise. 

The  State  Board  for  Vocational  Education  shall  prescribe 
and  provide  such  facilities  as  may  be  necessary  for  the  voca 
tional  rehabilitation  of  persons  disabled  in  industry  or  other- 
wise ;  appoint  such  assistance  as  may  be  necessary  to  adminis- 
ter this  act  and  said  act  iof  Congress  in  this  State ;  fix  the  com- 
pensation of  such  assistants  and  direct  the  disbursement 
and  administer  the  use  of  all  funds  provided  by  the  Federal 
Government  and  this  State  for  vocational  rehabilitation  of 
such  persons. 

.  To  be  eligible  to  receive  vocational  rehabilitation  from  the 
State  Board,  disabled  persons  must  have  been  domiciled  with- 
in the  State  for  one  year  or  more,  or  reside  in  the  State  at  the 
time  of  sustaining  disability. 

Section  165.  (§  4535k-9  Ky.  St.)  State  Board  to  Formu- 
late Plan  of  Cooperation.— That  it  shall  be  the  duty  of  the 
State  Board  designated,  to  cooperate  as  aforesaid  in  the  ad- 
ministration of  the  Federal  Act,  and  the  Workmen's  Compen- 
sation Board  of  Kentucky  to  formulate  a  plan  of  cooperation 
in  accordance  with  the  provisions  of  this  act  and  said  act  of 
Congress,  such  plan  to  become  effective  when  approved  by  the 
Governor  of  the  State. 

Section  166.  (§  4535k-10  Ky.  St.)  Appropriation— How 
Provided — Purposes  of  Use. — There  is  hereby  appropriated  for 
the  purposes  of  carrying  out  the  provisions  of  this  act,  and  for 
matching  Federal  funds  available  to  the  State  of  Kentucky, 


VOCATIONAL  EDUCATION  301 

under  such  Act  of  Congress,  approved  June  30,  1920,  the  sum 
of  Ten  Thousand  ($10,000.00)  Dollars  for  the  fiscal  year  end- 
ing June  30,  1922 ;  the  sum  of  Twenty-Two  Thousand  Nine 
Hundred  and  Fifty-Five  ($22,955.00)  Dollars  for  the  fiscal 
year  ending  June  30,  1923,  and  the  sum  of  Twenty-Two  Thou- 
sand Nine  Hundred  and  Fifty-Five  ($22,955.00)  Dollars  for 
the  fiscal  year  ending  June  30,  1924.  Said  appropriation  shall 
be  paid  out  of  funds  collected  from  the  tax  on  premiums  paid 
to  insurance  carriers  writing  compensation  insurance  in  Ken- 
tucky, under  the  provisions  of  Chapter  37  of  the  Acts  of  1920, 
in  excess  of  the  amount  required  for  the  maintenance  of  the 
Workmen's  Compensation  Board  under  the  provisions  of  said 
act. 

No  portion  of  any  appropriations  made  for  the  purposes 
of  this  act  shall  be  used  by  any  institution  for  handicapped 
persons  except  for  the  special  training  of  such  individuals  en- 
titled to  the  benefits  of  this  act  as  shall  be  determined  by  the 
State  Board. 

Section  167.  (§  4535k-ll  Ky.  St.)  State  Treasurer  Ap- 
pointed Custodian,— That  the  State  Treasurer  is  hereby  de- 
signated and  appointed  custodian  of  all  moneys  received  by 
the  State  from  appropriations  made  by  the  Congress  of  the 
United  States  for  the  vocational  rehabilitation  of  persons  dis- 
abled in  industry  or  otherwise,  and  is  authorized  to  receive  and 
provide  for  the  proper  custody  of  the  same  and  to  make  dis- 
bursements therefrom  upon  the  requisition  of  the  State  Board 
for  Vocational  Education. 

Section  168.  (<§  4535k-12  Ky.  St.)  Provisions  Regarding 
'Gifts  and  Devises. — The  State  Board  designated  to  cooperate 
as  aforesaid  in  the  administration  of  the  Federal  Act,  is  here- 
by authorized  and  empowered  to  receive  such  gifts  and  dona- 
tions, either  from,  public  or  private  sources,  as  may  be  offered 
unconditionally  or  under  such  conditions  related  to  the  voca- 
tional!] rehabilitation  of  persons  disabled  in  industry  or  other- 
wise as  in  the  judgment  of  the  State  Board  are  proper  and 
consistent  with  the  provisions  of  this  act.  All  the  moneys  re- 
ceived as  gifts  or  donations  shall  be  deposited  in  the  State 
Treasury  and  shall  constitute  a  permanent  fund  to  be  called 
the  special  fund  for  the  vocational  rehabilitation  of  disabled 


302  KENTUCKY  SCHOOL  LAWS  1922 

persons.  A  full  report  of  all  gifts  and  donations  offered  and 
accepted,  together  with  the  names  of  the  donors  and  the  re- 
spective amounts  contributed  by  each,  and  all  disbursements 
therefrom  sha)1/!  be  submitted  annually  to  the  Governor  of  the 
State  by  the  State  Board.  (The  six  paragraphs,  163  to  168, 
Act  of  March  18,  1922.) 


Chapter  XVIII. 

BUILDING    SCHOOL    COMMISSION 

Sec.  169.    By      whom      appointed—  Sec.  172.    Expenses  borne  by  corn- 

qualifications  —  district  —  mis  sion— disbursements 

body  corporate.  out   of   proceeds — levy  by 

Sec.  170.    Bond— employees— p  1  a  ns  fiscal   court. 

to  be  submitted— contract  Sec.  173.     Title    to    property— valid 

how   let — county   board.  claims, payment  of. 

Sec.  171.     Bonds       voted— sold  -de-  Sec.  174.    County  board  to  canvass 

positary  to  be   selected—  votes— certificate, 

determining  price.  Sec.  175.     Tax   levy   by  fiscal  court 

continued— tax    on    entire 
district. 

Section  169.  (45351-1  Ky.  St.)  County  Judge  to  Appoint 
— Term  and  Qualification  of  Members. — Upon  the  application, 
in  writing,  of  250  householders  residing  in  the  district,  as  here- 
inafter described,  it  shall  be  the  duty  of  the  County  Judge  of 
a  county  to  appoint  four  persons,  two  of  whom  shall  be  mem- 
bers of  the  Democratic  Party  and  two  memibers  of  the  Republi- 
can Party,  to  constitute  a  Building  School  Commission.  Each 
appointee  shall  be  at  least  twenty-five  years  of  age  and  reside 
within  the  district,  and  be  the  owner  in  his  own  right  of  real 
estate.  No  officer  or  employe  of  the  State  or  of  any  city  or 
county,  whether  holding  a  paid  or  unpaid  office,  shall  be  eligi- 
ble to  appointment  to  said  commission.  Such  appointee  shall  be 
subject  to  the  approval  of  the  fiscal  court  of  said  county.  The 
term  of  office  shall  be  four  years,  and  if  the  work  therein  pro- 
vided for  is  sooner  completed  such  term  of  office  shall  expire 
at  such  completion.  Vacancies  shall  be  filled  for  an  unex- 
pired  term  in  the  same  manner  as  the  original  appointment. 

The  district  for  which  said  commission  is  appointed  and 
which  shall  constitute  the  district  as  hereinafter  mentioned, 
shall  be  the  whole  county,  or,  where  said  county  contains  an 
incorporated  town  or  towns  wherein  is  maintained  a  public 
school  which  is,  in  whole  or  in  part,  supported  by  taxation 
levied  alone  upon  the  property  in  said  town,  then  the  balance 
of  said  county.  (March  18,  1916,  C.  24,  p,  162,  Sec.  224.) 

(§  4535i-2  Ky.  St.)     Commission  Body  Politic— Powers.— 
The  persons  appointed  as  provided  in  the  first  section,  and 
their  successors,  shall  constitute  a  body  corporate  under  the 
name  of  Building  Commission  of  . 
County  (the  name  of  the  county  in  which  they  are  appointed 


304  KENTUCKY  SCHOOL  LAWS  1922 

being  used  to  fill  the  blank),  and  shall  have  official  capacity 
to  contract  and  be  contracted  with,  to  sue  and  be  sued  in  that 
name,  and  to  adopt  a  seal  and  alter  the  same  at  pleasure.  Such 
commission  shall  elect  a  chairman  from  the  appointed  mem- 
bers. The  appointed  members  of  the  commission  shall  receive 
no  compensation,  but  shall  be  allowed  their  expenses  of  travel 
when  on  business  of  the  commission.  It  shall  have  authority 
to  employ  such  clerical  or  other  assistance  as  the  board  may 
deem  necessary.  (March  18,  1916,  C.  24,  p.  162,  Sec.  225.) 

(§  4535i-3  Ky.  St.)  School  Houses  to  be  Built.— It  shall 
be  the  duty  of  the  commission  to  make  such  careful  examina- 
tion of  the  rnethod  of  constructing  and  furnishing  public 
school  houses  as  may  enable  it  to  determine  the  best  plan  of 
erecting  and  furnishing  the  same,  including  ventilation,  heat- 
ing and  lighting.  The  commission  shall  have  the  power  to  em- 
ploy one  or  more  architects  to  submit  plans  for  such  construc- 
tion and  furnishing,  together  or  separately,  and  to  attend  to 
the  carrying  out  of  the  same,  and  pay  a  reasonable  compensa- 
tion therefor.  (March  18,  1916,  C.  24,  p.  162,  Sec,  226.) 

Section  170.  (§' 45351-4  Ky.  St.)  Bond  to  be  Given  by 
Employes. — The  commission  shall  exact  from  its  officers  and 
employes  such  bond,  with  approved  surety,  as  seems  to  it  dis- 
creet, and  fix  the  form  of  such  bond.  The  premium  on  such 
bond  shall  be  paid  by  the  comimission.  (Id.,  Sec,  227.) 

(§  4535i-5  Ky.  St.)  Plans  to  be  Submitted  to  County 
Board. — When  the  commission  shall  have  determined  upon  a 
plan  for  the  erection  and  furnishing  of  a  school  house  or  school 
houses  in  said  district  it  shall  lay  said  plans  before  the  County 
Board  of  Education.  If  said  plans  so  recommended  by  the 
commission  be  adopted  by  the  County  Board  of  Education, 
then  said  commission  shall  have  the  right  to  proceed  to  ac- 
quire, by  purchase  or  condemnation,  all  property  necessary 
for  such  school  houses  and  playgrounds,  and  the  erecting  and 
furnishing  of  said  school  houses  so  approved.  (Id.,  Sec.  228.) 

(§  4535i-6  Ky.  St.)  Contract — How  Let. — All  work  to  be 
done  or  supplies  or  materials  to  be  purchased  in  carrying  out 
the  purposes  of  this  act  and  involving  an  expenditure  of  $500 
or  more  shall  be  by  contract  awarded  to  the  lowest  and  best 
bidder;  but  the  commission,  with  the  consent  of  all  its  mem- 


BUILDING  SCHOOL  COMMISSION  305 

bers,  may  itself  do  any  part  of  such  work  under  such  condi- 
tions as  it  may  prescribe,  whenever  the  superintendent  of  con- 
struction shall,  in  writing,  recommend  that  course.  AU  bids 
or  parts  of  bids  for  any  work  or  supplies  or  materials  may  be 
rejected  by  said  commission.  This  section  shall  not  apply  to 
nor  be  construed  so  as  to  limit  the  power  of  the  commission  in 
the  appointment  of  architects,  clerks  or  agents  (Id  Sec 
229.) 

Section  171.  (§  4535i-7  Ky.  St.)  Bonds  May  be  Voted.— 
In  order  to  provide  money-  for  the  acquisition  of  property  for 
schools  sites  and  the  erection  and  furnishing  of  school  build- 
ings the  Fiscal  Court  of  any  county  may  adopt  a  resolution 
submitting  to  the  voters  of  the  district,  at  the  November  elec- 
tion occurring  ninety  days  after  the  entry  of  the  order,  and 
succeeding  the  appointment  of  the  commission,  the  question 
whether  bonds  of  the  district  shall  be  issued  for  the  purpose 
of  carrying  out  the  work  herein  provided  for.  The  resolution 
of  the  fiscal  court  shall  provide  the  date  and  maturity  of  such 
bonds,  the  rate  of  interest  they  shall  bear  and  the  total  amount 
to  be  issued,  which  shall  in  no  event  exceed  the  limit  fixed  by 
the  Constitution,  and  the  resolution  shall  also  contain  the  nec- 
essary details  in  reference  to  the  execution  and  delivery  of 
said  bonds,  their  denomination,  coupons  to  be  annexed,  tax  to 
be  levied  to  pay  the  interest  and  sinking  fund  to  retire  such 
bonds.  (March  18,  1916,  C.  24,  Sec.  230.) 

(§  4535i-8  Ky.  St.)  Bonds  to  be  Sold— Depository  to  be 
Selected.— When  the  voters  of  the  district  shall  determine  that 
such  bonds  shall  be  issued  they  shall,  when  so  issued,  be  placed 
under  the  control  of  said  commission,  who  shall  determine 
when  and  at  what  price  and  how  they  shall  be  sold ;  provided 
that  no  such  bonds  shall  be  sold  at  less  than  par,  and  provided, 
further,  that  any  premiums  which  may  be  obtained  from  said 
bonds  shall  constitute  a  part  of  the  sinking  fund  for  their  ulti- 
mate retirement.  As  the  said  bonds  are  sold  their  proceeds 
shall  go  to  the  credit  of  the  commission  in  some  depository 
which  shall  be  selected  for  the  deposit  by  the  commission,  and 
shall  be  withdrawn  only  upon  the  checks  of  the  secretary  and 
treasurer  of  the  commission,  countersigned,  in  such  manner 
and  accompanied  .by  voucher  approved  in  such  manner  as  may 


306  KENTUCKY  SCHOOL  LAWS  1922 

be  prescribed  by  regulations  to  be  adopted  by  the  comimission ; 
provided  that  the  said  commission  shaK  exact  of  said  de- 
pository bond,  with  surety,  for  the  faithful  accounting  for 
and  paying  over  of  such  money  as  may  be  from  time  to  time 
drawn  upon.  (Id.,  Sec.  231.) 

Section  172.  (§  4535i-9  Ky.  St.)  Expenses  to  be  Borne  by 
Commission. — The  commission  may  select  its  necessary  em- 
ployes prior  to  the  election  on  the  subject  of  issuing  the  bonds 
as  provided  in  section  230  of  this  act ;  but  no  compensation 
shall  be  paid  to  either  of  such  officers  for  any  work  done  until 
after  the  bonds  have  been  voted.  All  disbursements  of  the 
commission,  including  compensation  to  its  officers,  agents  and 
others  employed  by  it,  shall  come  out  of  the  proceeds  of  the 
sale  of  said  bonds.  The  duties  prescribed  for  the  commission 
in  sections  226,  227,  228,  229  and  231  of  this  -act,  hereof,  shall 
not  be  performed,  until  and  unless  bonds  have  been  voted  as 
prescribed  in 'section  230  of  this  act.  (March  18,  1916,  C.  24, 
p.  162,  Sec.  232.) 

(§  4535MO  Ky  St.)  Levy  to  be  Made  by  Fiscal  Court.— 
It  shall  be  the1  duty  of  the  fiscal  court  of  the  county  to  levy 
annually,  upon  the  property  subject  to  taxation  in  the  said  dis- 
trict, a  sufficient  rate  to  pay  the  interest  on  the  said  bonds 
and  the  sinking  fund  provided  for  in  the  order,  and  the  princi- 
pal of  said  bonds  when  the  same  shall  mature.  It  shall  be  the 
duty  of  the  sheriff  of  the  county  to  collect  such  levy  and  turn 
over  the  same  to  the  county  treasurer,  who  shall  apply  the 
funds  thus  collected  to  the  payment  of  the  interest  and  princi- 
pal of  the  bonds.  And  it  shall  also  be  the  duty  of  the  county 
treasurer,  under  the  direction  of  the  County  Board  of  Educa- 
tion, to  invest  the  money  derived  from  the  .sinking  fund  in 
such  securities  as  may  be  approved  by  said  County  Board  of 
Education.  (Id.,  Sec.  233.) 

Section  173.  (§  4535i-ll  Ky.  St.)  Title  to  Property  Vest- 
ed in  County  Board  of  Education. — The  title  to  all  property 
acquired  by  said  commission  shall  be  taken  in  the  name  of  the 
County  Board  of  Education  and  all  money  in  the  hands  of  the 
commission  after  defraying  any  liabilities  which  have  been 
incurred  by  the  commission,  shall  be  paid  into  the  hands  of 
the  county  treasurer,  to  be  used  as  a  sinking  fund  for  the 


BUILDING  SCHOOL  COMMISSION  307 

bonds  hereinbefore  provided  for.  The  commission  shall  pay 
out  of  the  proceeds  of  the  sale  of  said  bonds  all  valid  claims 
for  damages  or  otherwise  which  may  be  preferred  against  it, 
and  neither  the  county  nor  the  district  shall  be  liable  for  any 
debt  which  the  compassion  may  incur,  or  any  claim  for  dam- 
ages which  may  be  asserted  or  awarded  against  the  commis- 
sion. (March  18,  1916,  Sec.  234.) 

(§  4535i-12  Ky.  St.)  County  Attorney  to  Advise  Board. 
— All  legal  services  or  advice  which  may  be  required  by  the 
commission  shall  be  rendered  by  the  county  attorney  and  his 
assistants  without  additional  compensation.  (Id.,  Sec.  235.) 

Section  174.  (§  4535M3  Ky.  St.)  County  Board  to  Can- 
vass Votes. — It  shall  be  the  duty  of  the  fiscal  court  to  canvass 
the  votes  of  the  election  provided  for  in  section  230  hereof, 
and  upon  its  appearing  that  two-thirds  of  the  voters  in  this 
district  voting  upon  the  question  shall  have  voted^  in  favor  of 
the  issue  of  said  bonds,  «hall  certify  this  fact  by  an  order  to  be 
entered  upon  the  order  book  containing  the  proceedings  of  the 
fiscal  court.  The  said  bonds  shall  contain  a  certificate  that 
they  have  been  duly  issued  under  the  provisions  of  this  act, 
and  such  certificate  shall  be  conclusive  evidence  that  all  steps 
prelimiinary  to  their  valid  issue  have  been  regularly  taken. 
(Id.,  Sec.  236.) 

Section  175.  (§  4535i-14  Ky.  St.)  Tax  Levy  to  be  Con- 
tinued.— The  fiscal  court  shall  have  power  and  authority,  and 
it  shall  be  its  duty,  to  continue  to  levy  said  tax  on  the  property 
of  the  entire  district  which  voted  the  said  bonds,  notwithstand- 
ing any  part  thereof  may  be  subsequently  incorporated  into 
any  town,  city  or  other  municipal  subdivision.  (March  18, 
1916,  C.  24,  p.  162,  Sec.  237.) 


INDEX 


SCHOOLS— PUBLIC. 


Constitutional    Pro- 


General  Provisions. 
State  Board  of  Edu- 


Chapter   I. 
visions. 

Chapter  II. 

Chapter  III 
cation 

Chapter  IV.  >Superinte  n  d  e  n  t 
Public  Instruction. 

Chapter  V.  State  'Board  of  Ex- 
aminers and  Teachers 

Chapter  VI.  County  Board  of 
Education. 

Chapter  VII.  County  Superin- 
tendent 

Chapter  VMl.  School  Districts- 
Consolidated  Schools— High 
Schools. 

Chapter  IX.    Subdistrict  Trustee. 


Chapter  X.     Compulsory  Attend- 
ance 

Chapter     XI.     Graded     Common 

Schools. 
Chapter  XII.  Municipal  Schools, 

First,     iSecond,     Third     and 

Fourth  Class  Cities. 
Chapter      XIII.      State     Normal 

Schools. 

Chapter  XIV.     State  University. 
Chapter    XV.    Colored     Schools 

(special  provisions). 
Chapter  XVI.    Vocational  Educa- 
tion 
Chapter  XVII.     State  Text  Book 

Commission. 
Chapter  XVIII.     Building  School 

Commission 


CONSTITUTIONAL   PROVISIONS   RELATING   TO   PUBLIC 
SCHOOLS. 


A.  M.  College  —  tax  for  ........................................................  2 

Apportionment  of  direct  tax  ..........................................  6 

Annual  interest  on  State  bond  ......................................  3 

Act  of  Congresis  —  Federal  funds  under  ..................  ________  6 

Appropriation  for  sectarian  purposes  forbidden  ........  7 

Annual  interest  on  school  funds  ......  ..............................  2 

Bond  of  the  Commonwealth  held  hy  boards  ..............  2 

Bond,  State  —  interest  on  ..................................................  3 

Basis—  in-  distributing   funds  ............................................  4 

Board  of  trustees—  ability  to  contract  debts  ................  9 

Bank  stock  held  for  benefit  of  schools  ........................  2 

Counties  to  receive  funds  on  'pupilage  toasis  ..............  4 

Colored  and  white  children  to  be  taught  separately  5 

Congress  —  Federal  fund  received  from  act  of  ............  6 

Conscientious  o/pposiition  of  parents  ..............................  8 

Constitutional  limitations  in  powers  ............................  9 

Contracting  debts,  'power  to  .  ................  ............................  9 

Common  schools  —  fund  for  ....................................  ..........  2 

Common  schools  —  interest  on  funds  ..............................  2 

Distribution  of  fund  to  counties  .........................  ...........  4 

Debts  —  power  to  contract  ..............................................  9 

Direct  tax  ..............................................................................  6 

Efficient  system  to  be  .provided  ....................................  1 


page 

1 
4 
3 
4 
4 
1 
1 
3 
3 
6 
1 
3 
4 
4 
5 
6 
6 
1 
1 
3 
6 
4 
1 


310  INDEX 

(Section  Page 

Fund — distribution 4  3 

Interest  on 3  3 

Bonds  and  ibank  stock  2  1 

Federal     6  4 

Investment  of  school  funds 3  '  3 

Interest  on  school  funds  3  3 

Limitations  on  powers  of  county  board  9  6 

Opposed  'conscientiously 8  6 

Provide  efficient  system 1  1 

Payment  of  annual  interest  3  3 

Pupilage  ibasis  (for  funds  4  3 

Preference  in  religion  forbidden 8  5 

Purposes  sectarian 7  4 

Powers  of  county  board — limitations  9  6 

Power  to  contract  debts  9  6 

Refunding  direct  tax  6  4 

•State  bond — interest  on 3  3 

Separate  schools  for  white  and  colored  5  4 

Sectarian  appropriations  forbidden  7  4 

Stock — bank 2  1 

Submission  of  tax  to  voters .9  6 

Tax— direct    ,.  6  4 

Trustees — power  to  contract  debts  9  6 

Void  contracts  if  in  violation  of  law 9  6 

GENERAL    PROVISIONS 

Agriculture,  elementary  to  'be  taught  18  9 

Animals,  humane  treatment  of 22  12 

Auditor's  duty  to  schools  24  13 

Analysis  of  drinking  water  27  18 

Attend — who    may 11  7 

Assistant  teacher  .-. ..  13  8 

Academy    29  20 

Balance  of  "dog  fund" 23  12 

Books,  immoral  prohibited  15  8 

County  health  officer — duties  2>6  18 

'Cigarettes,   prohibited    29b  21 

Claims,  (payment  of 24  13 

Common   school    defined    10,  25  7, 17 

Completion  of   course — dtiploma   '. 16  8 

County  health  officer  to  inspect  26  18 

Colored  and  white  not  to  be  taught  in  same  college  28  19 

Day — temperance    19  10 

Dog  tax  24  13 

Definition  of  common  school  10  7 

Duty  of  pupils  14  8 


INDEX  311 

Section.  Page 

Diplomas   lg  g 

Duty  of  State  Superintendent 21  n 

Duty  of  Normal  Schools  21  11 

Duty  oif  Auditor  24  13 

Drinking  water — analysis   i 27  18 

Distribution    24  13 

Examination  of  teachers  in  agriculture  18  9 

Expulsion  of  pupils 14  s 

Elementary  agriculture  to  toe  taught  18  9 

Expenses  not  to  be  paid  out  of  school  fund 24  13 

Fiscal  year  12  7 

Fees  noit  to  'be  paid  out  of  school  'fund  24  13 

Funds — sources  enumerated — claims  to  be  paid  out 

of   ..               24  13 

Humane  treatment  of  animals   22  12 

Inspection  of  schools  ,26  18 

Injuring   school    property  29a  .  20 

Inculcation  of  humane  treatment  22  12 

Immoral  books  prohibited  15  8 

Industry  and  thrift  taught  20  10 

Music  to  be  taught  23  12 

Manual 21  11 

Normal   schools — duties   21  11 

Placards 19  10 

Programs  furnished 19  10 

Pupils — duty    of — expulsion 14  8 

Provision  for  ^suspension  and  expulsion  14  8 

•Physical  training  21  11 

Payment  of  alH  claims 24  13 

Premises  to  be  inspected  27  18 

Pro  rata  to  be  estimated  23  12 

Property,  school 29a  20 

Prohibiting  use  of  cigarettes  29lb  21 

Public  to  use  school  houise 18  9 

Purposes  of  school  fund  24  13 

Requirements  to  be  uniform 13 

Revenue — to  be   distributed  23  12 

Recovery  of  damages  for  trespass 29a  20 

School   year  12  7 

Suspension  'of  pupils  - 14 

(School  house  for  public  meetings  17  9 

State    Superintendent— duty    20,21  10,11 

Sources  of  school  fund 24 

Seminaries 29  20 

System  to  ;be  uniform 10  7 

Sanitary  buildings  to  be  erected 27 

Trespass  on  school  property .„ 29a  20 


312  INDEX 

(Section  Page 

Term  fixed   11 

Teachers  to  obey  uniform  requirements 13 

Teaching  of  certain  books  prohibited 15 

Temperance  day  19  10 

Thrift  and  industry  'taught  20  10 

Treatment,    humane    taught 12 

Unsanitary  conditions  to  foe  reported 27  18 

Uniform  system  of  schools  10  7 

Uniform  requirements  13 

Use  of  cigarettes  prohibited  29fo  21 

STATE  BOARD  OF  EDUCATION 

Appropriation  for  teacher  training  schools 34b  29 

Acts  of  31  22 

Alcohol  and  narcotics — effects  of — to  teach  32  23 

Appeal  34  28 

Body  politic  31  22 

By4aws  and  regulations  31  22 

Blanks  to  be  furnished  34  27 

County  certificates  32  23 

Chairman  custodian  of  property  30  22 

Course  of  study  prescribed  by 3'2  23 

Corporate  acts  attested  toy  chairman  30  22 

Certificates  of  other  institutions  33  24 

Certificates  of  other  states  33  24 

Certificates  of  high  schools — to  issue 31  22 

Common  school  funds — to  hold 30  22 

Corporate  body  30, 31  22 

County  to  have  teacher  training  schools  34b  29 

Duties  and  powers  30  22 

Duty  of  teacher  regarding  register  34  26 

Duties  of  'chairman,  sufodistrict  trustees  and 

teachers  34  27 

Effects  of  narcotics  and  alcohol  taught 32  23 

Experience — teachers  38  24 

Funds— -to  hold  30  22 

Fixing  teachers'  salaries  34a  29 

Facts  to  be  recorded  by  teacher  33  26 

Foreign  certificates  to  be  validated  -33  26 

Good  behavior — teacher  to  have  certificate  during..  33  23 
Graded  school  teachers  to  be  in  summer  training 

schools  34b  29 

Independent  district  teachers  34ib  29 

Members 30  22 

Monthly  statement  34  28 

Meetings — how  called 30  22 


INDEX  313 

Section  Page 

Minimum  salary  of  teachers  34b4  30 

Narcotics — effects  to  'be  taught 32 

Printing  rules  and  regulations  31 

Powers  of  board 30  2'2 

Prepare — course  of  instruction 32  23 

Prescribe  rules  „ 32  23 

Power  to  issue  certificates  and  validate  same 33  23 

Prepare  teachers'  salary  schedule 34a  29 

Prepare  rules  and  regulations   34a  29 

Privilege  of  attending  county  training  schools 34b  29 

Quorum    31  22 

Removal  of  teachers  34  28 

Rules   and  regulations 32,  34  23,  29 

Records  of  teachers  ¥ 34  26 

Records  of  trustees  34  2? 

Reports  to  trustees  34  *  2? 

Six  weeks'  term  of  summer  school 34b  29 

Salaries    34a  29 

Salaries-^miiDimum  of  teachers  34>b-l  30 

Summer  schools  34b  29 

Standard  of  work  3.3  23 

Standing  committee  31  22 

Training  'schools  34,b  «  29 

Teachers — duties — removal — powers    34  28 

Validation  of  certificates  33  26 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

Aid,  all  institutions  receiving  State — to  report 40  33 

Abstracts  of  Court  of  Appeals  decisions 42  35 

Assistants £6,  45  31,  36 

Appointment  of  assistants  36,  45  31,  36 

Appointment  of  board 36  31 

Annual  reports  of  State  institutions  40  33 

Appellate  court  decisions  regarding  schools 42  35 

Appointment  oif  trustees  for  gift  funds 43  35 

Annual  report  oif  county  superintendent  40  33 

Agent  to  take  charge  of  gifts 43  35 

Bond  of  State  Superintendent  35  31 

Board  of  examiners  - : 38  42 

Blanks — to    furnish    41  34 

Biennial  digest  of  school  laws 42  34 

Books  to  'be  turned  over  to  successor  "  44  36 

Changes  in  county  superintendent  39  32 

Clerks  and  stenographers — duties  and   salaries 3'6  31 

Constitutional  officer  .". 35  31 

Compensation  of  assistants 36  31 


314  INDEX 

Section  Page 

County  superintendent's  annual  report  40  33 

Gifts  to  schools  43  35 

Duties  of  State  Board  of  Examiners  38  32 

Devote  whole  time  to  duties  , 38  32 

Distribute  school  laws  biennially  42  34 

Decisions  c.f  appellate  court  concerning  .schools 42  36 

Editing  of  school  laws  biennially 41  34 

Elective  office  . 35  31 

Expenses — limitation 36  31 

Exipenses — allowed .>. 37  32 

Fix  compensation  of  assistants  36  31 

Funds  devised  or  donated  to  schools 43  35 

Gifts  or  devises  to  schools  43  35 

Inpection  of  schools  45  37 

Inspector,  chief  to  be  State  Superintendent 45  36 

Institutions  receiving  State  aid  to  report  40  3'3 

Limitation  of  expenses 36  31 

Laws,  school,  to  be  published  biennially 42  34 

Oath    35  31 

Office  at  seat  of  government  ...... 39  32 

Office  expenses  limited 36  31 

Pre&cribe  duties  of  assistants  36  31 

Power  to  appoint  assistants  36,  45  31,  36 

Power  to  appoint  State  Board  of  Examiners 38  32 

Pulblish — biennially  school  laws  42  34 

Papers  to  be  turned  over  to  successor 44  36 

Qualifications   of  superintendent   35  31 

Reports  to  General  Assembly  39  32 

Reports  of  county  superintendent  40  33 

Records  to  be  turned  over  to  successor  44  36 

Salary  of  State  Superintendent  36  31 

Successor — books  and  paper  to  be  turned  over  to....  44  36 

Term  of  office  35  31 

Turn  over  papers  to  successor 44  36 

Time  to  be  devoted  to  duties  ..  39  32 


STATE  BOARD  OF  EXAMINERS— TEACHERS 

Appointment 46  39 

Applicants  for  examination  51  46 

Additional  examiners  53  47 

Amount  of  training  to  increase  until  1926  54  48 

Board,  State — appointment  and  duties 46  89 

Preparation  of  questions  by  51  44 

Common  school  diploma  * 55  49 

Candidates  to  comply  with  law  ..  54  4ig 


INDEX  315 

Section  Page 

Certificates — different   grades    49,  50,  51,  52  41,  43, 

\  46, 47 

Certificates— rules  for  examination  for 50  44 

Duties   of   State   Board    ; 46  39 

Diploma,  State  teachers'  4g  41 

Diploma,   Common  school  55  49 

Examination  questions  prepared  by 48,  49,  50      41,  44,  46 

Elementary   certificate   47  49 

First  grade 50  43 

Second  grade 52  47 

Examination  for  State  teachers'  certificate 49  41 

Examiners,  additional  may  <be  appointed 53  47 

Examiners,    County — qualifications    55  49 

Examination  on  science  and  art  of  teaching  56  49 

Examination  questions — penalty  for  peddling  57  49 

Effective  date  of  law  58  49 

Employment  of  additional  examiners 53  47 

Funds  of  examinations  51  47 

First  grade  certificates 50  43 

Fees  for  examination 51  47 

Grading  the  papers  53  47 

Grades    47  40 

Increase  in  amount  of  training 54  43 

Laws  to  be  complied  with  by  candidates 54  48 

No  admittance  of  others  than  applicants 51  45 

Papers  to  be  numbered  53  47 

Professional  training  required  54  48 

Peddling  examination  questions  57  49 

Penalty 57  49 

Professional  educators — to  'be  appointed  46  39 

Professional  training 54  48 

Qualifications  of  teachers  47  40 

For  State  teacher's  diploma  48  40 

For  common  school  diploma  55  49 

Questions  to  be  prepared  46  39 

Requirement  for  science  and  art  of  teaching  56  49 

Required — increased  professional  training  54 

Regulations  for  examination  49  41 

State  Board  of  Examiners-^duties— appointment 46  39 

State   teacher's  certificate   ., ~~  49 

Standards    — --  48 

Teachers'  certificates— training  to  increase  until 

1926 54 

Teaching,  science  and  art  of 

Value  of  State  teacher's  diploma  48 


316  INDEX 

COUNTY   BOARD   OF    EDUCATION 

Section  Page 

Board  to  organize — election  of  officers •  63  53 

Budget  showing  needs  of  county  schools  to  be  pre- 
sented to  fiscal  court  68  57 

Body  corporate  62  51 

Compensation  of  members  63  53 

County  Superintendent — election,  duties  and  quali- 
fications—shall devote  all  is  time  to  duties 70  60 

Duty  to  divide  county  into  five  divisions  62  51 

Duty  of  county  clerk  62  52 

Duty  to  elect  attendance  officer 71  62 

Elected   from   educational   unit — term 61  50 

Elections  for  on  separate  (ballot  62  52 

Emblem  or  device  not  to  be  used  :. 62  52 

Members — elections — qualifications — duties  62  51 

Mandatory  provisions  for  minimum  salary  of 

teachers    34b  3U 

Male  citizens  subject  to  ipoll  tax 72  6(2 

Names  of  candidates  to  be  printed  on  ballot  62  52* 

Powers   of  Board 65,  66,  67      54,  55,56 

Elect  county  superintendent  who  .shall  be  sec- 
retary of  board 63  53 

Treasurer  not  to  be  member  of  'board  64  54 

Power  to  form  consolidated  districts 60  50 

Power  of  board  in  distributing  school  ibonds  64  54 

Regular  and  special  meetings  63  53 

Separate  school  ticket  62  52 

Sites  and  buildings  to  foe  'provided  by  72a-l  63 

Seminary  property  may  be  acquired  72a^3  67 

Size  and  value  of  school  house  .'. 72a-3  68 

Sheriff  to  collect  tax 72  63 

Supervisors  of  rural  schools  72b  60 

Tax  that  may  be  levied  for  county  schools 68  57 

Teacihers  selected  on  recommendation  of  county 

superintendent    67  56 

Vacancies  to  be  filled  toy  board 62  52 

COUNTY  SUPERINTENDENT 

Attendance  officer — employment  to  be  approved  by  71  62 
Additional  /facts  to  ibe  reported  when  required  by 

State   Superintendent   , 76  73 

Annual  report  to  State  Superintendent 77a  76 

Bond  to  be  executed  71  62 

Budget  meetings  may  be  called  by  superintendent 

— to  aid  board  in  preparing 71  62 

Boundaries  to  be  furnished  R.  R.  &  Bridge  Co 79  79 

Books  'to  ibe  turned  over  to  successor  79a  81 


INDEX 


317 


Section  Page. 

Census — to  take  biennially  and  report  73  70 

Claims  of  teachers  not  to  'be  bought  78  77 

Direct  work  cif  teachers,  supervisors,  attendance 

officers   65  54 

Devise  or  gift  to  county  board — duty  concerning 78  77 

Election  of  county  superintendent  by  county  board 

of  education  70  60 

Executive  officer  of  board  70  61 

Indigent  children — to  report  on — furnish  books  to..  75  72 

Meetings  of  county  board  to  attend  and  give  advice  63  53 

Money  not  paid  out  to  be  returned  tb  treasurer 77  75 

Office  at  county  seat  „ 78  78 

Oaths  may  be  administered  by 78  77 

Payment  to  teachers  7'6  73 

Penalty  for  failure  to  report 77a  76 

Qualifications   •  70  60 

Residence  in  county  not  required  70  60 

Records  required  to  ibe  kept  ... ; 77a  77 

Reports  to  <be  made  by 77a  76 

Receipts  and  disbursements  77a  77 

Railroad  and  bridge  company  'taxes — apportioned  to 

white  and  colored  schools  79  80 

Settlement  with  county  judge 77  75 

Secretary  of  county  board 70  61 

Teachers'  appointment — to  recommend  70  61 

Treasurer  of  'board — cannot  be  64  54 

Teachers'  transfer  and  assignment  to  recommend....  70  61 

Time  to  be  devoted  to  office 70  60 

Term  Off  office  70  60 

Visiting  schoo'ls— •  duty 74  71 

Warrants  to  be  signed  by  ~ 77  75 

County  board  of  examiners — appointment  79a  82 

Affidant    , 79a-l  82 

Certification  of  teachers — duties  concerning 79a-l  82 

County  clerk — duty  of  concerning  79a-3  84 

Oaths    79a  82 

Penalties  for  improperly  granting  certificate....  79a-2  83 

Penalty  concerning  misfeasance   79a-l  84 

Qualifications  - 79a  82 

County  and  District  Libraries — Books  prohibited....  79a-7  85 

Committee — 'who  constitutes   79a-5  85 

County  library  established  79a-4  84 

District  library  established — how  79a-6  85 

Management     79a-6  85 

Organization  79a-6  85 

Where  and  by  whom  kept 79a-4 

Regulations    ™a-7  85 


318  INDEX 

SCHOOL  DISTRICTS.           Section  page 

Boundaries — how  established  80  87 

County  to  compose  one  district — exception 80  87 

Changes  not  made — when 80  87 

Children  attend  in  adjoining  counties — when 81  89 

City,  town  or  village — when  deemed  a  district 82 

Record  of  boundary  to  be  kept  81  89 

Subdistrict  concerning — where  part  of  two  counties  81  88 
Consolidated  school  districts — approval    toy    county 

board  and  county  judge  84  94 

Boundaries — laid  off  by  county  board— election 

called  for   82a  91 

Bond  issue — to  provide  buildings  and  grounds — 

election  for — how  conducted 83  93 

Funds   for   transportation 82a-l  92 

Meaning,    of    "total    expense" — Transportation 

tax    82a  91 

County  high  school — 'County  seat  to  have  first  one 

established — classes,    first    second"  and  -third — 

course  oif  study — standard  to  'be  maintained 86  97 

Duty  of  county  board  to  established  85  96 

Joint  high  schools — pupils  over  school  age   to 

complete  course  86  98 

Pupil  entitled  to  attend  school  most  convenient  88  99 

Power  to  contract  with  other  trustees  for  joint 

high    school    85  96 

Pupil's  entitled  to  tuition  where  board  fails  to 

establish 85  96 

Salaries  fixed  by  county  'board  86  98 

Teachers  employed  (by  county  board  86  98 

Tuition  of  pupils  attending  other  schools 8'5,  86,  88       96,  98,  99 

SUBDISTRICT  TRUSTEES 

Attendance— enforcement    88a  100 

Attendance— to  urge  88c  103 

Attendance — decreased 88c  104 

Biennial    report    . 88b  102 

Bribery,  penalty  88e  106 

Books  and  records  to  be  delivered 88f  107 

Census 88a,  88b,  88d  100, 

101, 104 

Certify    election 88a  100 

Compuflsory  attendance 88a  100 

Closing    school    88d  104 

Constables— duty 88f  106 

Children— indigent— illitrate     88c  103 


INDEX  319 

Section  Page 

Duties  of  trustees....  88a,  88f      100,  106 

Decreased  attendance  88c  103 

Deliver  records  to  successors  88f  107  ' 

Defaults  to  report  to  grand  jury  881  106 

Election  88a  100 

Election  certified v 88>a  100 

Expulsion    of    poipils    88c  103 

Epidemics   ;.... 88d  104 

Enumeration  of  items  88e  105 

Enforcement  of  compulsory  attendance  88a  100 

Failure  to  perform  duties  88f  107 

Grand  jury — to  be  reported  to  in  default 88f  106 

Illiterate  census  :. 8&b  102 

Indigent  children   88c  103 

Infectious  disease  88d  104 

Items  of  report  enumerated .      88e  105 

Marshal's  duties  88-f  106 

Needs  to  be  reported  88"b  102 

Neglect  o;f  duties— penalty  88f  107 

No  census  years  88ib  102 

Parents  to  (be  visited  &&c  103 

Pupil,  isugpenskm  or  expulsion  88c  104 

Penalty  for  fraud  or  failure : 88d  104 

Penalty  for  bribery „ 88e  106 

Penalty  for  neglect  or  misfeasance  88-f  106 

Qualify 88a  100 

Reports  to  county  superintendent 88a  100 

Report  needs  88t>  101 

Report,   biennial 88.b  102 

Report  to  county  superintendent 88e  105 

Report— ^shall  contain  what 88e  105 

Records  to  Ibe  delivered  to  successor 88f  107 

Report  defaults  to  grand  jury 88f 

Section  88d  to  be  printed  on  census  blanks  88d  104 

Sheriff's  duties  .". 88f  106 

Successor,  books  to  be  turned  over  to 88if  107 

Visit    (parents    : 88c  103 

Visitation  of  school  88c  103 

COMPULSORY  ATTENDANCE 

Attendance    officers    89  108 

Age— proof  of 90,  91  108 

Cities— application  of  law  to  classes  :....  90a 

Compensation    89 

Continuation  'schools — to  attend  90 

County  superintendent  to  appoint — courts — jurisdic- 
tion—penalty         90a-l  110 


320 


INDEX 


Section  Page 

Duty  of  parents  and  guardians 90  108 

Defense—what    90  108 

Deaf — compulsory  education  of  91a  111 

Exceptions    ©0,  91         108,  111 

Employment   certificates    90a  109 

Health  of  deficient  children 90a  10>9 

Mentally  deficient   90a  109 

Parents  and  guardians — duties  90  108 

Proof  of  .children's    age  90  108 

Parents  of  deaf  children— duties  91  111 

Penalties  for  failure  91  111 

Penalties  for  false  statement  91  111 

Public  institutions  receive  deaf  91  111 

Transportation  to  institutions  91  111 

Teaciher's  duty  to  report 90a-l  110 

GRADED  COMMON   SCHOOLS. 

Attend— who  may 95  121 

Audit 93,  96a-3     117,  125 

Attendance  officer  96a-3  124 

Appointment  of  teachers  96  120 

Bond  issue — election  for — cities 96a-2 

Census   94  118 

Charter  schools  operating   in  other  than   cities  of 

first  four  classes  abolished  95  119 

Change  from  graded  to  consolidated  district 95  119 

Cities  operate  under  general  law  95  119 

Colored  and  white  schools  ^ *  96a-3  125 

Courses  of  study — board  to  provide 96  121 

Compensation — members  not  allowed  92  115 

Contracts — power  to  make 93  116 

Consolidated  graded  school 96a  121 

Employes    93  116 

Expense  of  transportation  of  pupils  96a  121 

Elections   94  119 

Funds — to  augment  96a-2  12i3 

Failure  of  trustees 94  118 

General  laws  operative  in  cities  95  120 

Interest  on  bonds  96a-2      .     124 

Indebtedness    9'6a-2  124 

Jurisdiction    94  118 

Levy  taxes  96a-l  122 

Manner  of  election 92a  115 

Months  to  attend 94  118 

Meetings    93  116 

Naming  of  trustees 93  116 


INDEX 


321 


•Section 

Page 

Number  of  clhildren  

-,  94 

118 

Oath 

no 

Office    

93 

116 

Qualifications  of  trustees  

92 

114 

Properties   in  control   

93 

116 

Reports    

96a-<3 

125 

Records    

93 

117 

Removal    

92 

115 

Reinstatement  oif  district    .... 

-  94 

119 

Size  of  district  

.  —                               94 

118 

Secretary     

93 

116 

State  and  county  funds  

96a-3 

124 

Trustees  —  number  of  

92 

114 

Time  of  election  

92 

114 

Term  of  trustees  

92 

114 

Transportation  of  pupils 

96a 

121 

Treasurer    

95 

120 

Tuition     

96a 

122 

Taxes       

96a-l 

122 

Vacancies    

92 

114 

Voters  —  majority  of  

94 

119 

White  and  colored  schools 

96a-3 

125 

MUNICIPAL  SCHOOLS. 
First  Class  Cities. 


Accountant — books  to  be  audited  by. 

Appointment  of  officers  

Annuity  fund  

Appointment  of  annuity  board  

Auditing    

Bond  of  'business  director  

Bond  issues   

Board  of  annuity  fund  ~ 

Business  director  

Collection  of  taxes   

Contracts  oif  business  director  

Census — to  be  taken  

Debt—annuity  fund  not  subject  to  ... 
Discontinuance  of  annuity  fund  


Depositaries  to  be  selected  102a 

Distribution  of  annuity  fund  

Examination  of  teachers 

Election  of  board 

Eligibility  of  members  

Exemption  of  members  

General  election — laws  to  control  -- 


103 

141 

10'2a 

138 

106 

149 

106 

145 

103  ' 

141 

101 

135 

105 

144 

106 

145 

101 

134 

102a-l 

140 

101 

136 

104 

142 

106 

153 

106 

154 

102a 

139 

106 

145 

100 

134 

98 

129 

98 

128 

98 

129 

98 

129 

S.  L .— 11 


322 


INDEX 


iSection 

Page 

First  class  city  a  single  district  

97 

127 

Funds   

102a-l 

140 

Investment  of  revenue  

106 

145 

Janitors  and  engineers  —  appointment  

101 

135 

Kindergartens  —  power  to  establish  

10.3 

141 

Money  —  may  be   borrowed  

102a 

139 

Mayor's  duties  respecting  (bonds  

105 

145 

Non-resident  pupils  

104 

142 

Levy  —  tax    

101 

Organization  of  board  

99 

131 

Officer  of  annuity  board  

106 

146 

Officers  of  education  board  

99 

133 

Pupils  from  beyond  city  

104 

142 

Powers   of  board   

97 

127 

Powers  of  superintendent  

100 

133 

Properties  to  escheat  

102a-l 

140 

Penalties   

104 

143 

Purchasing   properties   

105 

144 

Revenues  —  apportionment  of  

102a 

139 

Real  estate  —  power  to  purchase  

97 

128 

Retirement  of  teachers  

10'6 

152 

Rules  and  by-laws  of  board  

99 

133 

Religious  dogmas  

103 

142 

Reports    

104 

142 

Records  Oif  proceedings    

102 

138 

Sinking  fund  

106 

149 

Separate  schools  for  (white  and  colored  

103 

141 

Special  schools  —  power  to  establish  

103 

141 

Service  of  teachers  

106 

152 

Superintendent  —  term  

101 

133 

Supplies  

102 

137 

Teachers  entitled  to  annuity  

106 

150 

Term  of  members  

98 

129 

Term  of  superintendent  , 

100 

Taxation    

102a-l 

140 

Treasurer  of  annuity  fund  

107 

153 

Teacher  defined  

107 

154 

Trustees  —  powers     

99 

133 

Vacancies  —  ho,w  filled  

99 

132 

Second  Class  Cities 


Apportionment  of  revenue 

Appointment  of  teachers 

Appointment  of  snuperintendent 
Accountant   

Bonded  indebtedness    . 


112 
107 
10'9 
114 
113 


169 
156 

162, 164 
164 
170 


INDEX  -  323 

Section  Page 

Buildings— duties  of  business  director  HO  I66 

Bond  of  business  director  HO 

Business  director — how  appointed HO  165 

.    Salary — duties — duties  and  powers — bondr. 110  166 

Annuity  fund  n7  178 

Bond    elections   H3  172 

.Benefits  of  annuity  fund  117  179 

Board  of  education  defined 118 

Census   116  177 

Control  of  moneys  by  board  107  156 

Contracts  by  boards  112  120 

Collection  of  taxes   114  174 

City  treasurer's  duty  regarding  funds 113  170 

Escheated  lands  114  174 

Examinations  115  176 

Elections   108  169 

Estimate  of  expenses 113  170 

Funds-nbusiness  director  has  charge  Ill  167 

Annuity— collection  of — sinking  fund  113  172 

Indebtedness— Ibonded    113  170 

Kindergarten — power  to  establish  115  175 

Medical  examiners  118  181 

Moneys  appropriated  114  174 

Organization  of  board  108  157 

Purchase  and  condemn  real  estate 108  157 

Penalties   116  177 

Payment  of  funds  118  182 

Petition  to  nominate  boards 108  159 

Qualifications  of  superintendent — term — removal — 
how  qualified — examination  ifor  appointment — 
exclusive  devotion  to  official  duties — super- 
vision— control  109  109 

Revenue  112  169 

Reports    Ill,  116        168, 176 

Rules  and  regulations  of  hoard  10i9  163 

Secretary  of  'board  ! Ill  167 

Special  schools — power  to  establish  115  175 

Separate  schools  for  white  and  colored  115  175 

Supplies  110  167 

Contract  to   lowest   bidder — agencies    of  distri- 
bution— secretary — business     director    to    be — 

duties   Ill  167 

Surrender  of  office  by  old  board  109  163 

Sinking  fund  113  170 

Sources  of  annuity  fund  - 117  179 

Trustees 107  155 

Taxes    .  113  170 


324                                                        INDEX  . 

Section  Page 

Testimony  to  be  taken  under  oath  116  177 

Teacher  defined 118  '  184 

Time  of  election  108  162 

Vacancies    109  162 

White  and  colored  separate  'schools  115  175 

Cities  of  Third  Class. 

Age  of  school  children 119  185* 

Appointment  of  officers  and  teachers  toy  board 119  185 

Ad  valorum  taxes  120  191 

Annual   statements   119a  190 

Ballots    119  185 

Body  corporate — board 119  185 

Bond  issue  for  sdhools  120  191 

Board  of  education — election     of— school     tickets — 

duties  of  county  officers  for  such  election — place 

of  meeting — quorum 119  185 

Budget   120  191 

Buildings,  teachers  and  employes  1121  194 

Control  of  school  funds  by  board 121 

Census   122  196 

Contracts — (boards  not  to  be  interested  in 122  195 

Condemnation  of  land 119a  190 

Certification  of  teachers  ,. 119a  190 

Elections — school   board     regular — special — number 

of  candidates — (bond  issue  elections — provisions 

for   120  191 

Funds — payable  on  order  of  'board  121  196 

Interest  on  bonds  „ 120  190 

Indebtedness    121  196 

Levy  of  tax 120  191 

Loans  upon  anticipated  revenue  120  193 

Library— right  to  established  122  197 

Not  to  be  interested  in  contracts  121  195 

Non-resident  pupils  122  1/97 

Oaths    121  196 

Petition    119  185 

Repeal  of  conflicting  laws  122  197 

Reports  to  'State  Superintendent 122  19£ 

Revenues — how     oraised — maximum — purposes      for 

which   expended   120  192 

Sale  and  purc/hase  of  school  property  119a  189 

Separate  unit — city  of  third  class  119  185 

Tax — maximum   .' 120  193 

Treasurer— power— duties   121  196 

White  and  colored  schools — separate  121  194 

Text   books— adoption    H9a  190 


INDEX 


325 


Cities  of  the  Fourth  Class.       Section 


Page 


Acceptance  of  gifts  and  devises 128  215 

Appointment  of  superintendent  126  206 

Appointment— teachers— secretary  126  206 

Architect — employment    ; 125  208 

Bonds  to  pay  for  needed  imjprovement 127  213 

Bond   126  208 

Body  corporate  123  199 

Board — powers — 'duties — to  regulate  and  manage 
schools — to  purchase  real  estate  and  condemn — 
qualifications— relative  not  to  he  voted  employ- 
ment    124  200 

Census   129a  217 

Compensation    125  202 

Contracts  for  buildings,  etc.,  to  be  made 126  209 

Colored  children — schools  to  toe  provided  128c  209 

Collection  of  tax  127  210 

Escheated  property  128  215 

Elections  for  school  improvement  bonds 127  213 

Election — manner — secret  ballot  125  203 

Failure  to  attend  meetings  125  206 

Funds — tpayment  (from  State  128  215 

General  election  law  applicable 125  20£ 

Investigations — summoning  witnesses 128  217 

Improvement — school  bonds  128  213 

Kindergartens— power  to  establish.  128  216 

Meetings    125  204 

Money — to  borrOiW — power 127  208 

Non-resident  children  128  216 

Laws  existing  concerning  tax  kept  in  force 128  216 

Levy  of  tax  128  216 

Laws  not  inconsistent  129  216 

Number  of  candidates  125  203 

Nominating  petition   126  203 

Name  of  board  123  199 

•Number  of  trustees— isix 123  199 

Oath  of  office  -~ 125  204 

Old  fboards  to  reorganize  125  204 

Purchase  of  real  estate  .: 124  201 

Purchase  of  supplies  128  209 

Penalties  for  violations  129a  217 

Repealing  clause 129a 

Reports — to  State  Superintendent — annual  printed..  129a  217 

Rate  of  tax  127  211 

Rules  and  by-laws  for  government  

Records   puiblic 

Reorganization  of  old  boards  1'26  205 


326  INDEX 

Section  Page 

Relatives  not  to  be  voted  employment  124  201 

Superintendent — appointment — term — power — duties 

assistant  superintendent  126  206 

Secretary    .. 126  206 

Titles,  vested  in  board  123  199 

Testimony  to  be  taken  under  oath  129a  217 

Treasurer — term — bond — duties    126  208 

Territory— suburban  added  129a  218 

Tax — purposes— percentage— collections    127  210 

Vacancies— how  filled  125  206 

Violation— penalties    129a  217 

STATE  NORMAL  SCHOOLS. 

Appropriations — special  and  annual  134  233 

For  new  normals  134a  235 

Board  of  regents  130  221 

Change  of  name  ISO  221 

Commission — creation  of  to  locate  new  schools 134  234 

Contracting  obligations  134  234 

County  pupils  Ii3'3  229 

Certificates  may  be  conferred — revoked  131  224 

Certificates  to   teach — examinations   134a  232 

Compensation — secretary  133  228 

Debts— payment  of 133  228 

Districts — two — eastern  and  western  130  220 

Examinations — fees — regulations    134a  232 

Executive  council  131  223 

Executive   committee   181  223 

Expenses  of  regents  paid  132  226 

Funds — uses  to  be  applied  to 133  229 

Interest  in  school  contracts  forbidden 132  227 

(Location  of  schools 133  230 

Location  of  new  normals 134a  234 

Meetings  of  (board  130  222 

Meetings  of  council  131  224 

Name  changed   .• 130  221 

New  normal  schools  134a-l  234 

Observation  and  practice  work 133  230 

Officers  of  board  131  223 

Oibjects  of  schools  130  221 

President's  duties 133  227 

Payment  of  appropriations  134  231 

Purchase  of  real  estate  134  231 

Quorum 130  223 

Real  estate — power  of  regents  134  231 

Reports  of  President  to  regents 133  227 


INDEX  327 

Section  Page 

Removal  oif  officers  and  teachers  132  226 

Regents^board     ] 130  221 

Powers  as  to  teachers  and  officers 132  226 

Appointment  and  terms  130  221 

Term — meetings    130  221 

Powers  generally  131  223 

Special  meetings  132  226 

Secretary — duties   13*3        225,  228 

Treasurer    131  228 

Bond — duties    133  227 

Tuition    133a  229 

Teachers 132  226 

Teachers'   College    130  221 

KENTUCKY   NORMAL  AND   INDUSTRIAL   INSTITUTE   FOR 
COLORED  PERSONS. 

Appointment — trustees 135  236 

President  135  237 

Appropriations — how  p-aid — annual — special — for 

support     '  137  240 

Agriculture  and  mechanical  arts — provided  for 1'36  237 

Board — duties — name  and  title — -powers — 'expenses..  135  236 
Certification  of  teaclhers — powers  of  board' — diploma 

— course  of  study  137  240 

Diplomas   137  240 

Expenses  of  board  136  237 

Funds   136  238 

Mechanical  arts — provided  for  136  237 

Name  of  school  y. 135  237 

President — how  selected' — qualifications  135  237 

Pupils — qualifications  'for  admission 136  2'38 

Reports    136  239 

Rules  of  board  135  236 

Sectarian  teaching  forbidden  136  238 

Studies — who   regulates   136  23*8 

Tuition— rate— conditions  136  238 

Term  of  board  135  236 

Terms  of  admission  of  pupils  136  238 

Trustees — 'appointment — powers — duties    135, 136        2:37,  238 

.  / 

Other  Quasi — Public  Normal  Schools. 

Appointment  of  board  139  241 

Commission — to  inspect 139  242 

Certification  of  pupils  138  241 

Courses  of  study  241 

Determination  of  standing  of  schools  139  242 


328  INDEX 

Section  Page 

Expenses  of  inspection 140  243 

Examiner — State — relation  to   140  243 

Faculty — to  ibe  competent  138  241 

Grade  of  certificates 139  242 

Incorporation — necessary  139  242 

Inspection — who  makes  139  242 

Members  of  board  1(39  242 

Qualifications  139  242 

Rules  iby  'board  cif  regents  140  243 

Requirements  for  schools  13'9  242 

State  Superintendent — duities  regarding  13i9  242 

Standing — determination    of    State    Inspector — rela- 
tion to 140  243 

Term  of  (board 139  242 

Tenth  grade  to  'he  minimum 138  241 

Board  of  regents  foir  inspection  created  139  242 

Certification — equivalent  courses 13'8  241 

Duties  and  standard.8  to  be  maintained 139  242 

Standing  of  such  schools — requirements 139  242 

Institutions  receiving  State  aid  not  included.... 139  242 

Expenses — State  Inspector  and  Examiner  140  243 

Universities,  .colleges  and  normal  schools  that  may 

ibe  designated  138  241 


UNIVERSITY    OF    KENTUCKY. 

Acquiring   lands   142, 147  250,  269 

Account  oif  'expenditures  142  250 

Appropriations    142, 143, 145  249,  252 

Agricultural  appropriations  143  252 

Board — name — powers — duties     141, 144  244,  253 

Alumni  votes  144  253 

Bureau  of  marketing  146  264 

Bi-partisan — board  to  ibe 141  248 

Beneficiaries  of  service  scholarships 147  267 

Collegiate  period — four  years  145  258 

Co  operative  marketing  bureau  146  264 

Certification—grades  14i3  251 

Crop   reporters    146  262 

Condemning  lands  '1 : 147  269 

Departments  - 141  24'6 

Demonstration  work  146  267 

Expense  accounts — 'filing  145,147  258,268 

Extension  woirk  147  265 

Examinations  142  248 

Expenditure — account  of  142  249 


INDEX  329 

Section  Page 

Engineering    142  250 

Executive    committee — powers — organization — 

finances — educational  policies 144  253 

Experiment    Station — agricultural    146  262 

Farmers'   Institute  146  265 

Financing    . 147  267 

Fiscal  courts  may  aid  extension  work  146  264 

Geological  department   . 146  262 

General  Assemlbly — repents  to  142  250 

Granting   degrees   144  254 

Inspector  of  Mines   146  265 

Law  department 141a  246 

Location  142  249 

Majority  of  'board  a  quorum  144  254 

Meetings  of  board  144  253 

Mining  department  146  265 

Marketing  ibureau — co-operative  „ 146  264 

Medical  and  surgical  department 141  246 

Normal   certificates 143  251 

Number  oif  members  of  board  144  253 

Normal  department  '. 14i3, 145  251 

Position  of  member  ex-officio  of  hoard 1144  254 

Power  of  board  to  elect  officers  144  256 

President  emeritus  141  255 

President — represents  iboard    ; 143  256 

Payments  of  appropriations — how  made  146        262,  264 

Reports  to  State  Department  of  Education 147  269 

Reports  to  General  Assembly 142  250 

State  to  maintain  141  244 

Students  may  be  examined  in  Fayette  county.... 142  249 

Smith-Lever   act  accepted : 147  266 

Service  scholarships  147  266 

Special  normal  course  145  258 

Sub-freshman  work — discontinued   143  252- 

Traveling  expenses 147  268 

Title  to  dormitory 145  259 

Tuition— 'free— void    141  247 

Trustees — term — appointment — powers    .  144  256 

Treasurer — bond   145  257 

Tuition— equaa     144 

Vacancies  on  board  144 

Void— free   tuition   144  247 

Woman's  board 145 

Woman's  dormitory  c 145  259 


330  INDEX 

COLORED  SCHOOLS.           Section  Page 

A.  B.,  etc.,  designation  of  districts  158  295 

A.  &  M  College,  tax  for 2  1 

B.  A.,  etc.,  designation  of  districts 158  2% 

Census — when  taken 158  295 

Colored  and  white  to  be  taught  separately 28, 161  2.% 

Colored  and  white  children  to  share 5  4 

Donation  or  devise  157  295 

Designation  of  districts  158  .    295 

Enforcement  of  penalties  ~ 160  295 

Holder  of  donation  or  devise  157  295 

How  census  taken  158  29'5 

Institutes^teachers 159  295 

Misdemeanor   1160  295 

Penalties   160,161  296 

Teachers'  institutes  159  295 

Separate  schools  for  white  and  colored  : 2  1 

Summer  training  schools  34b  29 

Visitor — duties   and   election   161a  297 

Vocational  Education. 

Appropriations    .• 162, 166         298,  300 

Acceptance  of  Federal  act 163  29'9 

Annual  reports  168  301 

Assistants   162  299 

Board  first  created  162  298 

Board  designated  164  300 

Board  to  formulate  plans  165  300 

Benefits 162  29'8 

Creation  of  (board  162  298 

Oo-operation — (plan. 165  300 

Custodian  of  moneys — State  Treasurer  167  301 

Devises 168  301 

Definition  of  "persons    disabled" 163  299 

Eligibility    164  300 

Designation  of  iState  board  164  200 

Funds   168 

Facilities — power  to  provide  164  300 

Federal  act  accepted  163  299 

Federal  board 164  300 

Gifts    168  301 

Industrial  education  162  29S 

Inspection — expenses  162  299 

Moneys — State  Treasurer  custodian 167  301 

"Persons  disabled"  defined  163  299 

Provide  facilities 164  3,00 

Plan  of  co-operation  165  300 


INDEX  331 

Section  Page 

Provision  for  appropriation^  166  300 

Purposes  of  use '"".  166  300 

Professor  of  secondary  education  162  298 

Rehabilitation    164>  166>  168        29,9)  300 

Report  of  gifts  168  3Q1 

State  'board  designated 164  300 

Standards — Who  decide  162  298 

Subjects  taught 162  299 

State  Treasurer  custodian  168  301 

Secondary  education  „ 162  299 

Superintendent  of  Public  Instruction — report  to 162  299 

Trades    162  299 

Teacher  training  instruction 162  299 

Vocational  education  board 162  299 

Vocational  education  162  299 

Workmen's  compensation  'board  165  300 


STATE  TEXT   BOOK  COMMISSION. 

Adoption — county  high  school 154 

Adoption  on  merit 149  275 

Awarding  of  contracts  155  287 

Agreements  of  publishers  forbidden  156  2(90 

Appointing  of  agents  155  288 

Advertise — duty  of  .board  to  149  271 

Board — organization — term   148  270 

Term  of  text  books  148  271 

Bids    149, 154        272,  286 

Bidders — notification     151  278 

Bribery— penalties   153  282 

Bonds   153,156  284 

Cities — 'text  book  'Commissions  for  156  293 

Conditions  of  adoption  151  276 

Cities  exempt 157        274,  276 

Copies— -specimen — filed    < 149, 152  272 

Contracts  149,  151,  155,1156        271,287 

288 

Contents  of  books  149  272 

Certified  lists  151  278 

County  text  ibook  commission  created 154  284 

Organization-^bids  154  285 

County  high  school  adoption  154  286 

'Control  of  prices  156  281 

City  commissions — ipowers  and  duties 156  2-93 

Commission  expenses  152  280 

Duties  of  city  commission  identical  156  293 

Exchange  of  books ,„-,.        151  277 


332  INDEX 

.  Section  Page 

Executive  sessions  M 15,3  283 

Fonbidden  agreements  153  282 

Fees    156        280,291 

High    school — county — adoption    154'  284 

Indigent  children's  books  155  289 

Inferior  books — not  to  be  offered  152 

Identical  powers  and  duties  of  city  commission 156  293 

Liable — state  not  151  296 

Legal  procedures   152  283 

Lists— printed    155  287 

Merits  of  books  to  be  considered  149  275 

Misfeasance 153  284 

Notice  to  publishers 148  271 

Notification  of  (bidders 149  271 

Oath  not  to  control  prices 153, 156  281 

Proposals  149  271 

Printed  price  151  276 

Penalties  151,  153,  156,  278,  280,  281,  282 

Printed  lists  155  289 

Powers  of  city  commission  identical  156  293 

Rejection  of  bids 154  286 

Sessions — executive  153  283 

Specimen  coipies  14'9  272 

State  Superintendent's  contract  151  276 

Supplementary  books  152, 156        279,  290 

Specify— (bids  to  154  286 

Term  of  text  ibooks   148  270 

Uniform  series  of  text  books 154  286 

Void  contracts  v  15'6  292 

Vacancies — how  filled  154  285 

Violation  of  agreements  156  291 

Written— ^agreements  to  be  156  290 

BUILDING   SCHOOL   COMMISSION 

Appointment  of  169  303 

Application  in  written  ;petitkm  169  303 

Bond  of  employes  170  304 

Bonds  voted 171  305 

County  officers'  duties 173, 174        306,  307 

Contracts — how   let   „ 170  304 

County  hoard  170  304 

Corporate  (body  169  302 

Commission  to  bear  expenses  172  306 

County  board  to  canvass  returns  174  307 

Certificate  of  election  174  307 

Claims— valid     „ 173  30$ 


INDEX  333 

Section  Page 

District    1 169  303 

District  to  be  taxed  .'. 175  3iQ7 

Depository  to  be  selected 171  305 

Determine   price  171  305 

Disbursements  out  of  proceeds  172  306 

Duties  dependent  on  bond  issue 172  306 

Employe's  .bond  170  304 

Expenses  borne  by  commission  172  306 

Entire  district  taxed 175  307 

Fiscal  court's  duties  170,  175        304,  307 

Legal  assistance  of  county  attorney .". 173  307 

Levy  by  fiscal  court 172,  175  307 

Payment  of  valid  claims 173  307 

Plans  to  be  submitted 170  307 

Price— to  determine   171  307 

Property   title   173  307 

Qualifications    169  303 

Sinking  fund  172  306 

Sheriff'®  duty  . 172  30-6 

Selling  bonds  171  305 

Tax  levy  by  fiscal  court  continued  175  3'07 

Tax  on  entire  district 175  307 

Title  to  property 173  307 

Term  of  Commission  160  303 

Valid  claims  to  foe  paid 173  306 


YC  53873 


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50  2  K 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


